HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/18/2006 •
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AGENDA
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City of Kent
MeetingCity
Agenda
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April 18, 2006
i Mayor Suzette Cooke
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• Deborah Ranniger, Council President
• Councilmembers
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• Tim Clark Debbie Raplee
Ron Harmon Les Thomas
i Bob O'Brien Elizabeth Watson
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• KENT
iWASHINGTON
i City Clerk's Office
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• KENT CITY COUNCIL AGENDAS
KENT April 18, 2006
-- W^s I I�G T 0� Council Chambers
MAYOR. Suzette Cooke COUNCILMEMBERS. Deborah Rarmiger, President
Tim Clark Ron Hannon Bob O'Brien
Debbie Raplee Les Thomas Elizabeth Watson
. COUNCIL WORKSHOP AGENDA
5:30 p.m.
• Item Description Speaker Time
1. Center for Advanced Manufacturing Nathan Torgelson 60 min
RECEPTION FOR YOUNG ARTISTS PRIOR TO COUNCIL MEETING
COUNCIL MEETING AGENDA \�
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL � v
3. CHANGES TO AGENDA CC
• A. FROM COUNCIL, ADMINISTRATION, OR STAFF C�
B. FROM THE PUBLIC— Citizens may request that an item be added to the
agenda at this time. Please stand or raise your hand to be recognized by the
Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B Community Events
C. Young Artists International Arts Awards Recognition
D. Economic Development Report
. E Certificate of Achievement for Excellence in Financial Reporting
• F. Introduction of Appointee
5. PUBLIC HEARINGS
iNone
6. CONSENT CALENDAR
A Minutes of Previous Meeting—Approve
B. Payment of Bills—None
C. LID 351 Segregation Resolution—Adopt
(Continued on Back)
COUNCIL MEETING AGENDA CONTINUED
D S. 228th Street Widening Project Condemnation Ordinance-Adopt
E. Clearwire Lease Agreement 3 5 MG Reservoir Site - Authorize
F. Burrows Final Re-plat- Accept (QUASI-JUDICIAL)
G. Kent Station Final Plat-Accept (QUASI-JUDICIAL)
H. Clark Lake Estates Division 11 Final Plat-Accept (QUASI-JUDICIAL)
S I. Excused Absence for Council Member Raplee-Approve
iJ. Kent Bicycle Advisory Board Appointments - Confirm
7. OTHER BUSINESS G�
A Center for Advanced Manufacturing Resolution-Adopt f -7 r I
. 8. BIDS
. A Pacific Highway S. HOV Lanes Landscaping
B. LID 353 South 228th Street Corridor
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSIO AND AFTER EXECUTIVE SESSION
A Property Acqui hon
12. ADJOURNMENT
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NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page and complete packet are on the City of Kent
web site at www.ci kent.wa.us
An explanation of the agenda format is given on the back of this page.
® Any person requiring a disability accommodation should contact the City Clerk's Office in advance
at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service
at1-800-833-6388.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
• C) YOUNG ARTISTS INTERNATIONAL ARTS AWARD RECOGNITION
• D) ECONOMIC DEVELOPMENT REPORT
• E) CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING
F) INTRODUCTION OF APPOINTEE
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CONSENT CALENDAR
6. City Council Action:
CouncilmemberA0nr14-az,,jzmoves, Councilmember (?�
seconds to approve ConsentdCalendar Items A through J.
Discussion —�
Action )Ikl C'
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of April 4, 2006.
S 6B. Approval of Bills.
Numbers were not available for approval.
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Council Agenda
Item No 6 A-B
• Kent City Council Meeting
K E N T April 4, 2006
WASHINGTON
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The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke.
• Councilmembers present Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson
• (CFN-198)
CHANGES TO THE AGENDA
. A From Council, Administration, or Staff. (CFN-198) Continued Communications Items A and
. B were added by Interim CAO Hodgson.
B. From the Public. (CFN-198) Continued Communications Items C and D were added at the
• request of audience members.
• PUBLIC COMMUNICATIONS
A. Public Recoenition. (CFN-198) The Mayor and Acting Police Chief commended Suzanne
Rebro, an East Hill resident, for her part in the capture of burglary suspects. Nathan Torgelson,
• Economic Development Manager, then announced that the Puget Sound Regional Council Vision
2020 Award was recently presented to the City of Kent for the Kent Station project
B Community Events. (CFN-198) The Council President noted that Arbor Day is on Saturday,
April 22, and invited those interested in doing landscaping at the Service Club ball fields to attend
• Councilmember Thomas announced that the Pediatric Interim Care Center will move into it's new
. facility on April 15.
C. Emplovee of the Month. (CFN-147) The City Attorney announced that Renee Cameron, Civil
• Legal Assistant in the Law Department, has been chosen as Employee of the Month for April, and the
• Mayor presented her with a plaque.
D R.E.L Donation for Clark Lake Park. (CFN-118) Mark Prothero, Parks Foundation Board
• member, presented the Mayor with a check in the amount of$10,000 from REI, who is giving out
. $1,000,000 in grants across the country. He noted that it will be used for Clark Lake Park.
E. Introduction of Appointee. (CFN-839) Mayor Cooke introduced musician Robert Schuweiler,
• her appointee to the Arts Commission.
` PUBLIC HEARINGS
A. LID 360 — SE 227`h Place Sanitary Sewers. (CFN-1301) This date has been set for considera-
tion of an ordinance establishing Local Improvement District 360 for the construction of a sanitary
• sewer system on SE 227'h Place. The City Attomey explained the LID formation process and
Mayor Cooke opened the public hearing. Design Engineering Manager LaPorte outlined the history
of the project, the estimated cost and the method of payment. Those speaking in favor of the project
in order to avoid future problems were Ed and Ellen Gillner, 11645 SE 227" Place, Henry Kruise,
11636 SE 2271" Place, Don Woodard, 11635 SE 227`" Place, and Jeff Smith, 11627 SE 227'h Place.
• Mr. Gillner also spoke in favor for Alex Huynh, 11644 SE 227'h Place. Greg Honeycutt, 11612 SE
227`" Place, voiced opposition to a new sewer system, saying that he has not had any problems and
that there are no health concerns There were no further comments from the audience and HARMON
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Kent City Council Minutes April 4, 2006 •
MOVED to close the public hearing Clark seconded and the motion carried. After a brief discussion
about septic system failures, RAPLEE MOVED to adopt Ordinance No 3793 authorizing the
formation of Local Improvement District 360, providing for the issuance of LID warrants or bonds, i
and ordering the construction of the SE 227`h Place sanitary sewer system. Harmon seconded and the
motion carried.
CONSENT CALENDAR .
RANNIGER MOVED to approve Consent Calendar Items A through N. Clark seconded and the ,
motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of March 21,
2006 were approved. •
B. Approval of Bills. (CFN-104) Payment of the bills received through February 28 and paid on
February 28 after auditing by the Operations Committee on March -2 1, 2006 were approved.
Approval of checks issued for vouchers• •
Date Check Numbers Amount
2/28/06 Wire Transfers 2346-2360 $1,324,415 37
2/28/06 PrePays & 5904t7 675,298 01
2/28/06 Regular 590838 1,694,367 03
Use Tax Payable 1,386.92 •
$3,695,467.33
Payment of the bills received through March 15 and paid on March 15 after auditing by the ,
Operations Committee on March 21, 2006 were approved. •
Approval of checks issued for vouchers-
Date Check Numbers Amount
3/15/06 Wire Transfers 2361-2380 $1,486,356.67
3/15/06 PrePays & 590839 49t,682.40
3/15/06 Regular 591509 1,780,853.35
Use Tax Payable 2,445 18
$3,761,337.60
Approval of checks issued for payroll for February 16 through February 28 and paid on March 3,
2006:
Date Check Numbers Amount •
3/3/06 Checks 289275-289551 $ 195,275.97
3/3/06 Advice 193060-193750 1,257,682.08
Total of Regular Payroll $1,452,958 05
Approval of checks issued for interim payroll• •
Date Check Numbers Amount
2/3/06 Void Check# 288967 ($56.12)
Check# 289552 $56 12
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• Kent City Council Minutes April 4, 2006
Approval of checks issued for the Payroll for March 1 through March 16 and paid on March 20,
2006
Date Check Numbers Amount
3/20/06 Checks 289553-289827 $ 209,853 32
3/20/06 Advices 193751-194440 1,284,477 06
• Total of Regular Payroll $1,494,330.38
C. 2005 Comprehensive Plan and Zoning District Map Amendments Ordinances.
(CFN-377&131) Ordinance Nos 3794, 3795, 3796 and 3797, which amend the Comprehensive Plan
to update land use designations, the Capital Facilities Element, the Transportation Element, the Land
Use Element, Appendix A, and the zoning district map designations relating to CPA-2005-2(B-C),
CPA-2005-(4-7), CPZ-2005-(2-3), CPZ-2005-4 were adopted.
D Competitive Grant Award, Department of Community, Trade and Economic Development,
• Neighborhood Planning. (CFN-1000) The $35,000 Washington State Department of Community,
Trade & Economic Development(CTED) "Growth Management Services Grant for Neighborhood
Planning," was accepted, the budget was amended, and the Mayor was authorized to sign the
contract.
• E. King County Zone 3 Emergency Management Coordinator Agreement. (CFN-122) The
Mayor was authorized to sign a Consultant Services Agreement to enhance Zone 3 Emergency
Management Planning by hiring an Emergency Management Coordinator, after review of all
submitted RFP's.
• F R.E.I. Donation for Clark Lake Trail Development. (CFN-118) A $10,000 donation from
Recreational Equipment Inc for the Clark Lake Trail Development Project was accepted, and
expenditure of funds in the Clark Lake Park budget was approved
G. Town Square Plaza Consultant Agreement. (CFN-1298) The Mayor was authorized to enter
into a Consultant Agreement with Portico, Inc for design development and construction documents
of Town Square Plaza in the amount of$291,740, upon review and approval by the City Attorney.
S H. Lake Fenwick Park Property Acquisition. (CFN-118) The Mayor was authorized to enter into
• a Purchase and Sale Agreement for the Eaton Property at Lake Fenwick Park, to amend funds in the
Parks Acquisition budget for an amount not to exceed $3,340 00, and to execute all necessary
documents, upon review by the City Attorney.
I. Acquisition of Parcels From King County. (CFN-239) The Mayor was authorized to enter into
a Purchase and Sale Agreement with King County for Parcels # 2322049047 and#2422049136, to
amend the land acquisition budget in the amount not to exceed $698.00, and to execute all necessary
documents, upon review by the City Attorney.
J Kent City Hall Pipe Relining Project. (CFN-120) The Kent City Hall Pipe Relining Project
was accepted as complete.
K. Mill Creek Confluence/Green River Restoration Project Agreement. (CFN-1038) The
• Mayor was authorized to sign the agreement for Award of Noncompetitive Grant with the King
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Kent City Council Minutes April 4, 2006 •
Conservation District(KCD)in the amount of$70,000, direct staff to accept the grant and establish a
budget for the funds to be spent within the Mill Creek Confluence/Green River Restoration project.
L Salmon Project Funding Agreement. (CFN-1038) The Mayor was authorized to sign the •
Salmon Project Funding Agreement with the Salmon Recovery Funding Board (SRFB) in the amount
of S 100,000, direct staff to accept the grant and establish a budget for the funds to be spent within the
Mill Creek Confluence/Green River Restoration Study project. •
M. South County Area Transportation Board 2006-2009 Agreement. (CFN-1007) The
Mayor was authorized to execute an Interlocal Agreement with the Cities of Algona, Auburn,
Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Maple Valley, Milton
Normandy Park, Pacific, Renton, SeaTac, and Tukwila, King County; the Puget Sound Regional •
Council, hereafter called"the PSRC", Central Puget Sound Regional Transit Authority, hereafter call
"Sound Transit"; the Transportation Improvement Board, hereafter called"TIB'; Port of Seattle,
Pierce Transit, the Muckleshoot Tribe; and the Washington State Department of Transportation,
hereafter called "WSDOT", to form the South County Area Transportation Board(SCATBd) to serve
as the central forum for dealing with transportation issues.
N. Kent Arts Commission Appointment. (CFN-839) The Mayor's appointment of Robert
Schuweiler to serve as a member of the Kent Arts Commission was confirmed. His appointment
will continue until 10/3 t/2009.
OTHER BUSINESS
A. Woodland Wav Pressure Reducing Valve Station Agreement. (CFN-1038) The proposed
Goods and Service Agreement is with Ferguson Water Works, Inc. Initially the City intended to
purchase the Pressure Reducing Valve Station from Hughes Supply, whose proposal was $250 less •
than the selected vendor, however, the City and that vendor were unable to agree to contract terms.
Water Superintendent Brad Lake explained the proposal and recommended approval RAPLEE
MOVED to authorize the Mayor to sign the Goods and Services Agreement with Ferguson Water
Works, Inc in the amount of$32,550 (plus sales tax) for the purchase and delivery of a Pressure •
Reducing Valve Station on Woodland Way, pursuant to approval of purchase terms by the City
Attorney Harmon seconded and the motion carried.
REPORTS •
Operations Committee. (CFN-198) Clark asked Counmlmembers interested in attending the annual •
meeting of the Washington Association of Telecommunications Officers in Bellevue on June 1 and 2
to contact him or Dea Drake
Public Safety Committee. (CFN-198) Thomas reported that the next meeting will be held at
5:00 p.m on Thursday, April 20.
Public Works Committee. (CFN-198&171) Raplee noted that there will be a Town Hall meeting
later this month for the North Park residents, and that 23 people have volunteered to serve on the i
Transportation Master Plan Task Force. She added that the next committee meeting will be at •
5.00 p.m on Monday, April 17
Planning and Economic Development Committee. (CFN-198) Harmon stated that the next
meeting will be on Monday, April 17 at 4:00 p.m. •
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• Kent City Council Minutes April 4, 2006
Parks and Human Services Committee. (CFN-198) Ranniger announced that the committee will
meet at 4.00 p.m on Thursday, April 20.
Administrative Reports. (CFN-198) Hodgson reminded Councilmembers of an Executive Session
of approximately 35 minutes to discuss property acquisition, on-going negotiations, and pending
litigation, with action expected when the regular meeting reconvenes.
• CONTINUED COMMUNICATIONS
A Solid Waste. (CFN-738) Public Works Director Blanchard explained the progress of talks and
the contingency plans in the event of a strike.
• B. Card Rooms. (CFN-175) Hodgson noted receipt of a letter from Kent Morrill requesting review
• of the card room moratorium.
C. Historical Property. (CFN-198) Kay Linn Guynes, 909 E. Smith Street, distributed a packet of
information on an endangered historical property located at 21823 84`h Avenue South in Kent, and
• asked that this and other properties be spared from demolition.
D. Model Plane Park. (CFN-118) Ron Canaan, 900 29ih Street, C-14, Auburn, stated that his club
• has been flying their model planes for the past eight years at Riverwalk, but since it will soon be
• made into a park, they have been asked to leave. He asked for help in finding another location to fly
• their planes.
E. Disaster Preparedness Month. (CFN-155) Mayor Cooke declared April as Disaster
• Preparedness Month and presented the proclamation to Pat Pawlak.
S F. Records and Information Month. (CFN-155) The Mayor declared April to be Records and
Information Month in the City of Kent and presented the proclamation to the City Clerk
• EXECUTIVE SESSION
The meeting adjourned to Executive Session at 8:25 p.m. and reconvened at 9:45 p.m. (CFN-198)
• ACTION AFTER EXECUTIVE SESSION
• Saturday Market Barn. (CFN-462) Hodgson explained that four proposals were received to
. purchase the Red Barn. RANNIGER MOVED to authorize the Mayor to sign all documents
necessary to complete the sale of the Saturday Market Barn property, located at 206 Railroad
Avenue, to NK Development, LLC, for not less than S1, 220,000, less closing costs, subject to review
• and final approval of the final terms and conditions by the City Attorney. Thomas seconded and the
• motion carried.
Storase Facility Lease. (CFN-198) Hodgson explained that the Saturday Market Barn had been
used for storage and that with its sale, a storage facility is needed. He said a five-year lease with
• Charlie and Shirley Perkins for storage space on the north side of Smith Street near the Union Pacific
• Railroad tracks has been investigated. RAPLEE MOVED to authorize the Mayor to enter into a five-
year lease with Charlie and Shirley Perkins for storage and other purposes, subject to review and
approval of final terms and conditions by the City Attorney. Harmon seconded and the motion
• carried
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Kent City Council Minutes April 4, 2006
Property Acquisition. (CFN-239&118) Hodgson explained that the City has been involved in a
feasibility study to replace the existing Kent-Meridian swimming pool, and during that process
recognized that the pool must be relocated if it were to be replaced He said the City has identified
properties in the valley, since citizens support a centrally located facility. He proposed purchasing 12
separate parcels totaling 5.1 acres on the Naden site at a cost of$4,621,478 plus closing costs. He
added that additional parcels need to be purchased to complete the assemblage, and that
approximately $1.35 million is available for that purpose
Mayor Cooke emphasized that no commitment to an aquatic center has been made, but that this
location would be available when discussions on building an aquatic center take place
RANNINGER MOVED that in lieu of eminent domain proceedings, to authorize the Mayor to sign •
all documents necessary to purchase an assemblage of 12 separate real property parcels, totaling •
approximately 5 1 acres and generally located in an area south of Meeker Street and cast of Naden
Street, in an amount not to exceed$4,621,478.00, plus closing costs, subject to review and final
approval of all terms and conditions by the City Attorney. Raplee seconded. •
O'Brien expressed opposition to purchasing property prior to agreement that an aquatic center should
be built He said the existing pool could be rehabilitated for $2,000,000 and would last 5-10 more
years. Ranmger pointed out that since land prices are rising, waiting will be expensive, and that this
is a common way to accomplish civic projects. Clark stated that this purchase is a critical step in
dealing with the swimming pool, which has reached the end of it's life Harmon added that if no pool •
is built, the property is in a prime location for other uses, such as a public safety facility or fire
station. Watson opined that a healthy community needs a swimming pool. Upon a roll call vote, the
motion carried 6-1 with O'Brien opposed
Riverbend Golf Course Restaurant Lease. (CFN-118) Hodgson noted that Atlas Services, Inc e
has requested a six-year extension of their lease He said the lease includes an investment of$50,000
a year in capital expenses and a permanent picnic shelter area. O'BRIEN MOVED to authorize the •
Mayor to sign all documents necessary to extend the lease termination date for the Riverbend Golf •
Course restaurant property with Atlas Services, Inc., from March, 2012, to March, 2018, subject to
review and approval of final terms and conditions by the City Attorney. Harmon seconded and the
motion earned.
ADJOURNMENT •
At 10.10 p m., WATSON MOVED to adjourn. Thomas seconded and the motion carried
Brenda Jacober, CMC 0
City Clerk
6 0
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• Kent City Council Meeting
• Date April 18, 2006
! Category Consent Calendar
• 1. SUBJECT: LID 351 SEGREGATION RESOLUTION— ADOPT
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! 2. SUMMARY STATEMENT: Adoption of Resolution No. , which would
! authorize segregation of Assessment No 140 of Local Improvement District ("LID")
• 351 into twelve separate assessments.
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! 3. EXHIBITS: Resolution
• 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
! 5. FISCAL IMPACT
• Expenditure's Yes Revenue? No
! Currently in the Budget" Yes X No
• If no•
. Unbudgeted Expense: Fund Amount $
• Unbudgeted Revenue: Fund Amount $
• 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
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! DISCUSSION:
• ACTION:
•
Council Agenda
! Item No. 6C
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•
• RESOLUTION NO.
• A RESOLUTION of the City Council of the City of
Kent,Washington, directing the Finance Director to segregate
an assessment levied under LID #351.
• RECITALS
A. High Ridge Place Condominium Association,the owner of record of the property
originally affected by LID No. 351, Assessment No. 140, located on the south side of SE 2641h
Street and west of 104th Avenue SE, Kent, WA has requested segregation.
• B. All clerical and engineering fees have been paid as required by law, and the
• application is property in all other respects.
• NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. — 5e4re4ation. The Finance Director is authorized and directed to
segregate the assessments as requested by High Ridge Place Condominium Association, as
set forth in the attached Exhibit A, and incorporated by this reference. The assessment
• involved is Assessment No. 140 of Local Improvement District No. 351.
SECTION2.—Severabdity. If any section,subsection, paragraph, sentence, clause
or phrase of this resolution is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this resolution.
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High Ridge Place Condo Association
LID 351 Assessment 140 Segregation
SEC7ION3.— Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION 4. — Effective Date. This resolution shall take effect and be in force
immediately upon its passage. •
PASSED at a regular open public meeting by the City Council of the City of Kent, •
Washington, this day of 2006.
CONCURRED in by the Mayor of the City of Kent this _ day
, 2006.
SUZETTE COOKE, MAYOR •
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the day of •
( 2006. •
BRENDA JACOBER, CITY CLERK •
P\Gvil\RESOLUTION\LID351-Ass 140-Segregatm doc •
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High Ridge Place Condo Association •
LID 351 Assessment 140 Segregation
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•
LID SEGREGATION CERTIFICATE
• `-� KENT
• w.a,.,.a Tom
• 220 4" Avenue South
Kent,Washington 98032
• Attn:Properly/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date•02l23l2006 LID#351 Assess#140
• Owner&Address ORIGINAL DESCRIPTION
• High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
• Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN g
26415 103id Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
• Kent,Wa 99030 INCLUSIVE,KING COUNTY,WASHINGTON
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• New Assessment No. 41 001
Owner&Address NEW DESCRIPTION
• New Assessment Atnt. ILL75 12
• MARK A-GROSS and Building A Unit No. 26404 High Ridge Place
PAO TSU WU Condominium Recorded under King County Auditor File No.
• 26404 103'd Ave SE 20001005000879 to Volume 168,Pages 49 through 53.
• Kent,Wa 98030
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• f more svacc needed,attach description and refer to Exhibit"B'
• Owner&Address REMAINDER DESCRIPTION Rem.Assessment No. 140
• High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
• 26415 103"Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa 98030
• EXCEPT:BUILDING A,UNIT NO.26404
•
•
•
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• hr at$40.00 The undersigned here c ES above terms and conditions and
• per ho 0.00 certifies to the correct in.
less$40.00 fee per
• RecciptNo 0086886
SIGNED ,
• Total Due - Authorized Signature
0-
•
• Approved by Resolution# Page 1 of 12
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ASPHALT PAVV"r •
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LID SEGREGATION CERTIFICATE
KENT
• *Aam'.oro.
220 0 Avenue South
• Kent,Washington 98032
• Attn:Property/Jerry McCaughan
• Requested by:High Ridge-Place Condo Association Date:02/23/2006 LID8351 Assm 4140
• Owner&Address ORIGINAL DESCRIPTION
• High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
• Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN $
26415 103n1 Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
• Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
• New Assessment No. 140-02
• Owner&Address NEW DESCRIPTION
• New Assessment Amt. tL 075.12
DEANNA Y THOMPSON Building A Unit No. 26408 High Ridge Place
• 26408 103°Ave SE Condominium Recorded under King County Auditor File No
• 20001005000878 in Volume 168,Pages 49 Otrough 53.
Kent Wa 98030
• f more Race needed,attach description and refer to Exhibit"B"
Owner&Address REMAINDER DESCRIPTION Rem.Assessment No. 140
• High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
• Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS.PAGES 49
26415 103i4 Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa 99030
• EXCEPT:BUILDING A,UNIT NO.26404 and 26408
• 1 hr at S40.00 The undersigned hereby accepts above terms and conditions and
per hour$ certifies to the correctness h in_
• less$40.00 fee per
12ecerpt Na. 0086886
• SIGNED
• Authorized Sign
Total Due -D-
• Approved by Resolution# Page 2 of 12
S.E. 264TH STREET
o �
S8r25'25"E IZW.4s•
440 07' (CALC'0) i __ •
200.00'
i I •
1 r, 32.05'
I 423' 1 a.1 T'so. ;_g6 •
1 K 9
I - •
9 70' •-1 1 1 6 0•
1( 1 /26404 .q n
i. z I 1 a < •
0 1 � .
1 '
S
1 :;
1 126403 m f •
BUILDING w I BUILDING '
a 1 �
32ar
'
8.01' g IQ 1 80'
� � .o < 5.9' 1YOD0 PRNACf ' •
^' •' i� I F FENCE(11"IC4)
805, '0
$26412 •
_ A , •
i 10. t n.e3• e j N
r� a03' 1 I 8.0' s,B3.`•' _c~v Cv •
_ n •aoo• as , n
200' 1 12649.53
16 Q •
r.
jp I i O�
343' �� 3282' •
ASPK4LT PAM&Pff •
•
•
LID SEGREGATION CERTIFICATE
T
• WASH MOTO0
• 220 a Avenue South
Kent,Washington 98032
Attn•Property/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date:02/23/2006 LID#351 Assess#140
• Owner&Address ORIGINAL DESCRIPTION
• Hdgh Ridge Place Condo NOW BEING DESCRIBED AS 1410H RIDGE PLACE,A
• Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN to
26415 103nd Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
•
•
•
• New Assessment No. 140-03
• Owner&Address NEW DESCRIPTION
New Assessment Amt. 1 0$ • 75.12
• JAMES and VICTORIA Building A Unit No. 26412 High Ridge Place
NEELEY Condominium Recorded under King County Auditor File No
• 26412 103'd Ave SE 20001005000878 in Volume 168,Pages 49 through 53.
• Kent,Wa 98030
•
•
•
•
• f mores ace needed,attach descn tion and refer to Exhibit OR'
• Owner&Address REMAINDER DESCRIPTION Rem.Assessment No 140
. High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
26415 103rd Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
• Kent,Wa 98030
EXCEPT:BUILDING A,UNIT NOS.26404,26408 and 26412
•
•
•
• 1 hr at S40 00 The undersigned hereby accepts above terms and conditions and
per hourS40 00 certifies to the correctness herem.
less$40.00 fee per
Receipt No. 0086886
• SIGNED
•
Total Due -0-
uthorized Signature
•
• Approved by Resolution# Page 3 of 12
•
•
•
S.E. 264TH STREET r
S87'23'25'E 1260.49, / •
d . 1
44007' (CALC'D,) �� •
200.00• I i
P------------ --
1 1 1 �
•' I 3205'
I 1 � . � t�•e tt •
I
9 70'
v
1 I 126404 �•
z 1 i `0 ' •ed I � i od
{ 1 I 1
I 0
9.70' o t 80, 32 rs � •
80,
I 1 126409 r '�
BUILDING 1 WILDING r i
~C I I �A" n i •
F v 1 I
32 •
�' r, I
�.
8,01' ip I 80'
I� I FENIIIrMCN.)
e o5' 5'0 1 ; 8 0' 1 .
In
_ W w
1 ' I a w
eoo 1
2.00' 126416'
r, V7
1 (»P) 9.58'
~ s E.� I t 34.3' �V J282' •
ASPNAL7 PAVEUENT •
•
•
•
•
•
•
• LID SEGREGATION CERTIFICATE
•
• `•r KENT
• WAY MIy OTOY
• 220 4tl1 Avenue South
Kent,Washington 98032
r Attn:Property/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date 02/23/2006 LID#351 Assess#140
• Owner&Address ORIGINAL DESCRIPTION
• High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 12
• 26415 103r4 Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
• Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
•
•
• New Assessment No. 140-04
• Owner&Address NEW DESCRIPTION
New Assessment Amt. ILQL5.12
• RANDY W.PADGETT Building A Unit No. 26416 High Ridge Place
Condominium Recorded under King County Auditor File No.
• 26416103'4 Ave SE 20001005000978 in Volume 168,Pages 49 through 53.
• Kent,Wa 98030
i
•
•
•
• {if rnoTe space needed,attach description and refer to Exhibit"B'�
Owner&Address REMAINDER DESCRIPTION Rem Assessment No. 140
• High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
• Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
• 26415 103r4 Ave SE THROUGH 33,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa98030
• EKCSPT:BUILDING A,UNIT NOS.26404,26408,26412 and 2416
•
•
•
•
. 1 hr at$40.00 The undersigned hereby accepts above tcmu and conditions and
per hourS40.00 certifies to the correctness herein.
• less$40.00 fee per
Receipt No 0086886
• SIGNED 2,�,
? ;�
• Authorized ignature
Total Due
• Approved by Resolution# Page 4 of 12
•
•
•
•
S.E. 264TH STREET o •
S872378'£ QW.49' ' ' •
_ n
' l
440.OJ• (CALC'D) •
200.00'
32 05'
I a2.3' •
13
i2 •
I 1 126404
I y
i AA' st.ta•
d06' � I t 1 .t a n8.o' . •
126408
•
BUILD1NCti 1 BUILDING
I _ `, Jzn• r, I
8.01' 4 ID I 8.0' n J � •N 59 W"PWACY
.- I ` FENCE(17AGt4) •
80.
1 I� 126412 •I n
N •�' rj
1 f83. 91t � •
I� —_� � •
8.03'
Cv
I I n&0' 6A3'` N 1n
1 t2 o •
'
8.00' 1 •'
2.00' 1 - - 1264ih 76" r, (/�j •
1 "--- - � •9.58'
w }
,o I 32
34.3' 62'
�. •
, I I i
i
ASPFWLT PAVEMENT •
•
•
•
•
•
•
•
•
•
• LID SEGREGATION CERTIFICATE
•
• `� KENT
w.swwo.o.
220 4'Avenue South
• Kent,Washington 98032
Attn:Property/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date 02/23/2006 LID#351 Assess#140
• Owner&Address ORIGINAL DESCRIPTION
• High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
• Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN
26415 103rd Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53, 14
• Kent,Wa98030 INCLUSIVE,KING COUNTY,WASHINGTON
•
•
•
New Assessment No. 140-05
Owner&Address NEW DESCRIPTION
New Assessment Amt. RE5 l2
• STEVEN H.SHADE Building B Unit No. 26420 ,High Ridge Place
26420103nd Ave SE Condominium Recorded under King County Auditor File No.
20001005000878 in Volume 168,Pages 49 through 53.
• Kent,Wa 98030
•
•
•
•
• f more space needed,attach description and refer to Exhibit"B"
Owner&Address REMAINDER DESCRIPTION Rem.Assessment No. 140
• High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
• Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
26415 103'Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa 98030
• EXCEPT:
• BUILDING A,UNIT NOS.26404,26409,26412, and 26416
BUILDING B,UNIT NOS.26420
•
•
• 1 hr at$40.00 The undersigned hereby accepts above teens and conditions and
per hourS40.00 certifies to the correctness herein.
• less$40 00 fee per
• Receipt No. 0086886 __
S16NED �c /`+�• IS —7r
Total Doe -0-
Authorized Signature
•
• Approved by Resolution# Page 5 of 12
•
•
•
•
S.E. 264TH STREET •
S8723'26T 1260,49' .
s
440.0r •
200.00.
-- L_
7 •
I I •
I I
t i
IQ I
I� I
I •
IQ �
�N I
10. I
I�
ASPwar PAVrA4 4r
BUILDING •
lap, 18.6' i8.r Ma'
h •n � w
126425 126427, 126426 126420 ! •
•
• - 126.40' •
w OjL � q ••O� q
32.21' f•D✓� 31.99' 3416, •
•
•
•
•
•
•
•
•
•
•
•
LID SEGREGATION CERTIFICATE
• KENT
W�aN INOTON
• 220 4a Avenue South
Kent,Washington 98032
Attn:Property/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date:0212312006 LID#351 Assess#140
Owner&Address ORIGINAL DESCRIPTION
• High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
• Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 16
26415 103rd Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
• Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
•
• New Assesstncnt No. 140-06
• Owner&Address NEW DESCRIPTION
New Assessment Amt $L 075.1
JEANNE M DAVIS Building B Unit No.26425.High Ridge Place Condominium
Recorded under King County Auditor File No.20001005000979 in Volume
• 26425103"d Ave SE 168,Pages 49 through 53.
• Kent,Wa 98030
•
•
•
•
• f more space needed,attach description and refer to Exhibit`B"
• Owner&Address REMAINDER DESCRIPTION Rem.Assessment No. 140
• High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM_PER SURVEY MAP AND
• Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
26415 103r4 Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa 98030
. EXCEPT:
BUILDINO A,UNrr NOS 26404,26408,26412, and 26416
• BUILDING B,UNIT NOS.26420 and 26425
•
•
• I hr at$40.00 The undersigned hereby accepts above terms and conditions and
per hourM.00 certifies to the correctness herein.
less S40.00 fee per
• RecetptNo. 0086886
SIGNED
• Total Due -0-
Authorized Signature
•
• Approved by Resolution# Page 6 of 12
•
•
•
S.E. 264TH STREET i
S672325E 1260 49' •
440.07'
200.00. I I •
11 •
I I I 1
I I •
I 17
I
to I
I� 1
I •
I
' I .
i
i
ASPHALT PAVEMENT
aulu)ING i
133•
FCO t33' $ i33'••------- m -------- 06 OD.-------' co
16.9' Mal 16.7' 16.6' i
n
x 126425 126427, 126426 126420 i
M40' i
a `
• J �lh LIM Ql i
of uCi..`+5.9'1%000 PRNACY L•O1 p
fENC£{IrRUtr 34.16' i
32.21• 3 3f.99'
•
•
i
i
•
•
•
•
•
LID SEGREGATION CERTIFICATE
KENT
• w�a e,xo�ex
220 40'Avenue South
Kent,Washington 98032
Attn:Property/Jerry McCaughan
. Requested by:High Ridge Place Condo Association Date 02/23/2006 LID#351 Assess#140
• Owner&Address ORIGINAL DESCRJPTION
• High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 18
26415 103`d Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
• Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
•
New Assessment No. 14�
• Owner&Address NEW DESCRIPTION
• New Assessment Amt .12
KENT and JOAN KOHL Building B Unit No , 264Z6 ,High Ridge Place
26426 °Ave SE Condominium Recorded under King County Auditor File No.
20001005000878 in Volume 168,Pages 49 through 53.
• Kent,Wa98030
•
•
•
•
• f more space needed attach description and refer to Exhibit"B"
Owner&Address REMAINDER DESCRIPTION Rem Assessment No. 140
High Ridge Place Condo HIGH RIDGE PLACE.A CONDOMINIUM PER SURVEY MAP AND
• Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
. 26415 103`d Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa 98030
• EXCEPT:
BUILDING A,UNIT NOS,26404,26408,26412, and 26416
BUILDING B,UNIT NOS.26420,26425 and 26426
•
•
• 1 hr at$40.00 The undersigned hereby accepts above terms and conditions and
per hourS40.Q0 certifies to the correctness herein.
less$40.00 fee per
Receipt No. 0086896 /9
SIGNED
• Total Due -0-
Authorized Signature
•
• Approved by Resolution# Page 7 of 12
•
•
•
S.E. 264TH STREET
Ser23'25'E i26049'
a •
r440 07'
•
z0a.00' ,
----LL --T- - i
I '
i - 79 •
• 1 I •
1 I
Io '
I� 1
IW '
Iti I
•
ASPHALT PAvEwNr
' BUILDING •
13.3' "9" 0 13.3' $ c 13.3' i
18.9' 18.8'
18.7'
h p i
#26425 126427, 126426 - 126420 i
128.40, •
H 'd r1 0; ' �.• -a .��n r,' m i
a a�a.``5.9'W000 PRNACY "m ��Ch O1
f (TYR04J'1' 34.16, 44
•
322)' 3 2' 3f.99'
•
•
i
•
•
i
•
•
• LID SEGREGATION CERTIFICATE
•
• T
wrah .oTo+
• 220 a Avenue South
• Kent,Washington 98032
Am Property/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date.02l23/2006 LID#351 Assess#140
• Owner&Address ORIGINAL DESCRIPTION
• High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
. Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 20
26415103rdAve SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
•
•
•
. New Assessment No. 140-08
Owner&Address NEW DESCRIPTION
New Assessment Amt. R&ZLL2
• LOUANNE and NORBERT Building 8 Unit No.26427.High Ridge Place Condominium
SCHRENK Recorded trader King County Auditor File No.20001005000978 in Volume
26427103'd Ave SE 168,Pages 49 thmugh 53.
Kent,Wa 98030
•
•
•
•
• f more space ne attach description and refer to Exhibit"B'
Owner&Address REMAINDER DESCRIPTION Rem Assessment No. 140
•
High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
• 26415 103rd Ave SE THROUGH 53,INCLUSIVE,KING COUNTY, WASHINGTON
. Kent,Wa98030
EXCEPT:
BUILDING A,UNIT NOS.26404,26408,26412, and 26416
BUILDING B,UNIT NOS.26420,26425,26426 and 26427
•
•
1 hr at S40 00 The undersigned hereby accepts above terms and conditions and
per hour$40,00 certifies to the correctness herein.
less$40.00 fee per
Receipt No 0086886
• SIGNED
• Authorized-Signature
Total Due -0-
• Approved by Resolution# Page 8 of 12
•
•
S.E. 264TH STREET .
S8T23'ZS'E
440.07•
zoo.00: i �
I �
21 •
• 1
1
1 �
•
ASPHALT PAVEMENT •
•
BUILDING
133'$ g IJ3' 133' o g i33'
o .
.........
ro ^�-__-----. of �___•'_•_, w
18.9' 088, 187,19
cli
•
x' 426425 1264?7• " •
/26426 126420
12&40' go
•
A •
q a a A A �r+ �u h •. 1� `
r.N rah f
32-21' fFMQE
3 - x I 3418'
•
•
•
•
•
•
•
•
* LID SEGREGATION CERTIFICATE
`-� KENT
• W�N,fIMGiON
220 41L Avenue South
Kent,Washington 98032
Attu:Property Ilerry McCaughan
Requested by:High Ridge Place Condo Association Date•0223/2006 LID9351 Assess#140
Owner&Address ORIGINAL DESCRIPTION
High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 22
26415103'Ave SE VOLUME 168 OF CONDOMMMS,PAGES 49 THROUGH 53,
Kent,Wa 98030 INCLUSIVE,ICING COUNTY,WASHINGTON
•
New Assessment No. 140-09
Owner&Address NEW DESCRIPTION
• New Assessment Amt, 11.075.LZ
JOANNE N1. FOWLER Building C Unit No.26405,High Ridge Place Condominium
Recorded under Ktng County Auditor File No.2000100SO00878 in Volume
. 26405103"1 Ave SE 168,Pages 49 through 53.
Kent,Wa 98030
•
. f more space needed,attach description and refer to Exhibit"B'
Owner&Address REMAINDER DESCRIPTION Rem.Assessment No. 140
• High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
• 26415 103n0 Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa 98030
• EXCEPT.
. BUILDING A,UNIT NOS.26404,26408,26412, and 26416
BUILDING B,UNIT NOS 26420,26425,26426,and 26427
BUILDING C,UNIT NOS 26405
1 hr at$40.00 The undersigned hereby accepts above terms and conditions and
• per houi340.00 certifies to the correctness herein
less$40.00 fee per
Receipt No. 008698
SIGNED
Authorized Signature
• Total Due .a
• Approved by Resolution# Page 9 of 12
i
i
' $ S.E. 264TH STREET
S8723'2rE 126o.49'
440 07 (CALC'
e 260.00; I` !
-__------- - N I
-- —___L --r- --- o----
' ! I
2804' 47,32' I
� I
I ! n
w. J ! I _
9 70' I ao. 23 •
/?6405
1
COhCRE1EPAD
., b I 4
(TYPICAL
t 2y 39' 5 00' '" I
7 0 '9 70' 3 1 I
' ao
h U 1 i i n
ss7' I J s.oe' so,
128407 BUILDING I BUILDINGC.
a
10
\ I A" •
h ri 72' app ! 1
I� 1 '•&0,
t�' 1 �, .
'? 8 05, S'0 _ I 8.0'
nr; to /264/1 1
D •
72' t I i •
i 80,
126415
9-33, E
j rr (Tyr.) I
- 1
12' 3477' -
32.92' I
`' - - - - - - -
I •
•
ASPHALT PAVEMENT •
•
•
•
•
•
•
LID SEGREGATION CERTIFICATE
•
� KENT
W Ai MIYOTOM
220 4i°Avenue South
Kent,Washington 98032
Attn-Property/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date 02/23/2006 LID#351 Assess 4140
. Owner&Address ORIGINAL DESCRIPTION
High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
. Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 24
26415 103"Ave SE VOLUME 169 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
• New Assessment No. 140-10
Owner&Address NEW DESCRIPTION
• hkw&Wament t 1075
CHNG W.HSI Building C Unit No.26407 High Ridge Place Condominium
26407 103 Ave SE Recorded under King County Auditor File No.20001005000878 in Volume
168,Pages 49 through 53.
. Kent,Wa 98030
i
. If more space needed,attach description and refer to Exhibit"W
Owner&Address REMAINDER DESCRIPTION Rem Assessment No.140
• High Ridge Place Condo HIGH RIDGE PLACE, A CONDOMINIUM PER SURVEY MAP AND
• Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
• 26415 103i°Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa98030
EXCEPT:
BUILDING A,UNIT NOS.26404,26408,26412, and 26416
BUILDING B,UNIT NOS.26420,26425,26426,and 26427
• BUILDING C,UNIT NOS.26405,and 26407
•
• 1 hr at S40.00 The undersigned hereby accepts above terms and conditions and
per hour140.00 certifies to the correctness herein.
less S40.00 fee per
Receipt No. 0 80 6886 ?fw
i S[GNED pw
. Authorized Signature
Total Due
Approved by Resolution 0 Page 10 of 12
, a
S.E. 264TH STRPET
S67'2325"E 1260.49'
--- -
j 440 iv' (CALC'
200.00' I 1
1 n 25
' I I '
47.32' I i
28.04• 1
n
• E
970• ( -d.0'1'26405 I I
1 •
PAD
COTF L c o , I a
m •
� � 1 -
(TYPICAL) - 7
'- - --C 7-0 9.70, a'
I � h •
06.
' '125407 I
3� r But G,,• I BUILDING
n a
o 1 I A- m
LDIN
I
n 12' � a 1 ;
8021 ,
1p 1 80, •
4 }`2641 I -e 0'
N •
awn -
';
3f'o 1�U} � 12' i
• R
r dm• 1
E
d264r3 ,.- Z ao' 1 •
9.33, j (7TP.) 1 1 b •
Ido
•, I r- rn
12, 34.2T
J2.92' I I •
•
LY.-U,_ A5PFULT PAYEMQNT •
•
•
•
i
•
i
•
•
LID SEGREGATION CERTIFICATE
`J KENT
MI.�M111 oT OM
220 44'Avenue South
Kent,Washington 99032
Ann:Property/Jerry McCaughan
• Requested by:High Ridge Place Condo Association Date-02123/2006 LID#351 Assess 9140
• Owner&Address ORIGINAL DESCRIPTION
S High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
. Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 26
26415 103d Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
• Kent,Wa 98030 INCLUSIVE,KING COUNTY, WASHINGTON
•
•
New Assessment No. 140-11
Owner&Address NEW DESCRIPTION
N s t t. 75.12
JEFFREY and ERIN PAPIEZ Building C Unit No.26411.High Ridge Place Condominium
Recorded under King County Auditor File No.20001005000879 in Volume
• 26411 103'd Ave SE 168,Pages 49 through 53
Kent,Wa 98030
•
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• Ifmore space needed,attach descri 'on and refer to Exhibit"B'
Owner&Address REMAINDER DESCRIPTION Rem.Assessment No 140
High Ridge Place Condo HIGH RIDGE PLACE,A CONDOMINIUM PER SURVEY MAP AND
• Association PLANS RECORDED IN VOLUME 168 OF CONDOMINIUMS,PAGES 49
26415 103'd Ave SE THROUGH 53,INCLUSIVE,KING COUNTY,WASHINGTON
Kent,Wa 98030
. EXCEPT:
BUILDING A,UNIT NOS 26404,26408,26412, and 26416
BUILDING B,UNIT NOS.26420,26425,26426,and 26427
• BUILDING C,UNIT NOS,26405, 26407,and 26411,
•
_]_hr at$40.00 The undersigned hereby accepts above terms and conditions and
per hour 40. 0 certifies to the correctness herein.
less$40.00 fee per p
Receipt No. 0086986 f !J
SIGNED
Total Due -0-
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• authorized Signature
•
Approved by Resolution# Page 11 of 12
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LID SEGREGATION CERTIFICATE
KEN-Tr
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' 220 4"Avenue South
Kent,Washington 98032
Attn•Property/Jerry McCaughan
Requested by:High Ridge Place Condo Association Date.02/23/2006 LIDA351 Assess#140
• Owner&Address ORIGINAL DESCRIPTION
. High Ridge Place Condo NOW BEING DESCRIBED AS HIGH RIDGE PLACE,A
• Association CONDOMINIUM PER SURVEY MAP AND PLANS RECORDED IN 28
26415 103A Ave SE VOLUME 168 OF CONDOMINIUMS,PAGES 49 THROUGH 53,
Kent,Wa 98030 INCLUSIVE,KING COUNTY,WASHINGTON
New Assessment No. 140.12
Owner&Address NEW DESCRIPTION
• h1ra AUMWent t I
AL and SUSAN CLOUSER Building C Unit No 26415.High Ridge Place Condominium
a Recorded under King County Auditor File No.20001005000878 in Volume
• 26415 103 Ave SE 169,Pages 49 through 53.
• Kent,%98030
•
f more needed,attach descripfion and refer to Exhibit"B'
Owner&Address REMAINDER DESCRIPTION Rem.Assessment No.NON
• NONE
•
• 1 hr at S40.00 The undersigned hereby ace"above terms and conditions and
per hourT40.00 certifies to the correctnes7h *
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less$40 00 fee per
Receipt No. 0086886
SIGNED
iAuthorized Signature
Total Due Q
• Approved by Resolution# Page 12 of 12
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. Kent City Council Meeting
Date April 18, 2006
Category Consent Calendar
1. SUBJECT: S. 228TH STREET WIDENING PROJECT CONDEMNATION
ORDINANCE— ADOPT
• 2. SUMMARY STATEMENT: Adoption of Ordinance No. providing for
the acquisition of real property and/or property rights located between 58th Avenue
South and 60th Avenue South adjacent to South 228th Street for the City's 228th Street
Corridor— West Leg Project. This action is being taken in order to construct a portion
of South 228th Street, together with all necessary appurtenances and related work. This
Ordinance provides for the condemnation rights necessary for that purpose; provides
. for payment out of the 228th Corridor— West Leg Project fund, and authorizes the city
attorney to prosecute appropriate legal proceedings
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? No
Currently in the Budget? Yes X No
i If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i Council Agenda
Item No. 6D
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, providing for the acquisition of
real property and/or property rights between 58T"
• Avenue South and 60"' Avenue South adjacent to
South 228th Street for the City's South 228th Street
S Corridor — West Leg Project. This action is being taken
in order to construct, extend, widen, improve, alter,
maintain and reconstruct a portion of South 228th
Street, together with all necessary appurtenances and
related work, including without limitation, any public or
private utilities for the South 231" Way/South 228th
Street Improvement Project. This Ordinance provides
for the condemnation, appropriation, taking, and
damaging of those property rights necessary for that
purpose; and provides for payment out of the
a 2281h/2241h Corridor — West Leg (SR 516 - 641h Avenue
South) Project fund (Fund No. R90093.56710.535).
The Ordinance also directs the City Attorney to
• prosecute the appropriate legal proceedings, together
S with the authority to enter into settlements,
stipulations, or other agreements. The real property
that is subject to this Ordinance is located within King
• County, Washington.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
• WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
• ORDINANCE
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South 231st Way/S228t"Street
• Improvements Project
S Condemnation Ordinance
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SECTION 1, After hearing the report of City staff, and after reviewing the
planned improvements for the South 231s1 Way/South 228th Street Improvement i
Project (the "Project"), the City Council finds and declares that the public
convenience, use, health, safety and necessity demand that the City of Kent
condemn, appropriate, take and damage portions of certain real properties located
in King County, Washington, in order to acquire the necessary real property and/or
property rights for the construction of the Project, including all necessary •
appurtenances including, without limitation, any public or private utilities. The .
properties affected by this ordinance are legally described in Exhibit A, attached i
and incorporated by this reference (collectively the "Property"). The purposes for
which this condemnation is authorized shall include, without limitation, ail acts
necessary to complete the construction, extension, improvement, widening,
alteration, maintenance, reconstruction and restoration of the Project, and any
other municipal purpose that may be necessary from time to time on the Property.
SECTION 2. The City authorizes the acquisition by condemnation of all or a •
portion of the Property for the construction, extension, improvement, widening,
alteration, maintenance and reconstruction of the Project, together with all
necessary appurtenances and related work, including without limitation, any public
or private utilities, to make a complete improvement according to City standards.
SEC7ION3. The City shall condemn the Property only upon completion of
all steps and procedures required by applicable federal or state law or regulations, •
and only after just compensation has first been made or paid into court for the •
owner or owners in the manner prescribed by law.
SECTION 4, The City shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the City's 228th/22e Corridor
— West Leg (SR 516-641h Avenue S) Project fund (Fund No. R90093.56710.535) or
from any of the City's general funds, if necessary, as may be provided by law.
2 r
South 2310 Way/S 2280 Street
Improvements Project •
Condemnation Ordinance S
SECTION 5, The City authorizes and directs the city attorney to commence
those proceedings provided by law that are necessary to condemn the Property. In
commencing these condemnation procedures, the City Council authorizes the city
attorney to enter into settlements, stipulations, or agreements in order to minimize
damages. These settlements, stipulations, or agreements may include, but are not
limited to, the amount of just compensation to be paid, the size and dimensions of
the property condemned, and the acquisition of temporary construction easements
• and other property interests.
SECTION 6, Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION Z The provisions of this ordinance are declared to be separate
• and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
• person or circumstances shall not affect the validity of the remainder of this
• ordinance, or the validity of its application to other persons or circumstances.
SECTION 8, This ordinance, being the exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take
effect and be in force five (5) days after its publication as provided by law.
SUZETTE COOKE, MAYOR
S ATTEST:
i BRENDA JACOBER, CITY CLERK
• 3
South 231s` Way/S 218'h Street
. Improvements Project
• Condemnation Ordinance
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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PASSED: day of . 2006. •
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APPROVED: day of , 2006. •
PUBLISHED: day of , 2006.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK .
P-NQvinORDINANCE\Condemn-S231S22MImprovePmject doc •
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South 23e Way/S 22e Street •
Improvements Project •
Condemnation Ordinance
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• No. 598480
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• Revised Parcel A, City of Kent Lot Line Adjustment No. 11-90-34,
according to the Lot Line Adjustment recorded under King County
Recording Number 9010221144, said Lot Line Adjustment being a
portion of Government Lot 5 in the northwest quarter of Section 14,
Township 22 North, Range 4 East, W.M. , in King County, Washington.
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. EXHIBIT "A"
Page 1 of 4
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No. 598481
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Lot 4, City of Kent Short Plat Number 76-17 recorded under Recording
Number 7806120758, located in a portion of Government Lot 5,
Section 14, Township 22 North, Range 4 East, W.M. , in King County,
Washington. •
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gXHIBIT "A"
Page 2 of 4
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No. 598482
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That portion of Government Lot 5 in Section 14, Township 22 North,
'. Range 4 East, W.M. , in King County, Washington, described as
follows :
• Beginning at the intersection of the northerly line of South 228`"
Street, "Taylor Road" with the easterly line of said Government Lot;
Thence running southwesterly along the northerly line of said South
228`h Street, a distance of 330 feet, more or less, to the southeast
corner of a tract of land sold to Lawrence S. Graf by Contract
recorded under Recording Number 5431956, and the TRUE POINT OF
. BEGINNING of the tract herein described;
Thence northerly along the easterly line of said "Graf Tract", a
distance of 215.00 feet;
Thence south 88°4'7919" east parallel with the north line of said
Government Lot, a distance of 90.00 feet;
Thence south 0*15,15" east parallel with the east line of said
. Government Lot a distance of 23.00 feet;
Thence southeasterly to a point on the northerly line of said South
228`° Street, distant 152.00 feet northeasterly from the point of
beginning;
Thence southwesterly, along said northerly line, a distance of
. 150.00 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
. Page 3 of 4
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Order No. 598483
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That portion of Government Lot 5, Section 14, Township 22 North, •
Range 4 Bast, W.M. , in King County, Washington, described as •
follows:
Commencing at the intersection of the centerline of South 22B`"
Street (Taylor Road) with the east line of said Government Lot 5;
Thence 1014138" east along said east line 21.37 feet to the
northerly line of said South 2281h Street and the TRUE POINT OF
BEGINNING; I
.Thence continue north 1014138" east along said line 322.27 feet;
Thence north 88'47119" west parallel with the north line of said
Government Lot 5, a distance of 222 feet;
Thence south 101413B" west 247.33 feet; .
Thence south 19025135" east 148.12 feet to the northerly line of
said South 228Ee Street; •
Thence north 70039, east along said northerly line 181.30 feet to •
the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
Page 4 of 4
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Kent City Council Meeting
Date April 18, 2006
Category Consent Calendar
1. SUBJECT: CLEARWIRE LEASE AGREEMENT 3.5 MG RESERVOIR SITE —
AUTHORIZE
2. SUMMARY STATEMENT: Authorization for the Mayor to sign a 5- to 10-year
i lease agreement with Clearwire LLC for use of a portion of a Kent lattice tower/
0 reservoir site on 124'h Avenue SE/3.5 MG Reservoir site.
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3. EXHIBITS: Lease agreement
• 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? Yes
Currently in the Budget? Yes N/A No N/A
. If no:
. Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
0 Councilmember moves, Councilmember seconds
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DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
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• PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
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• KENT Phone 253-856-5500
• WASHINGTON Fax. 253-856-6500
• Address 220 Fourth Avenue S
Kent, WA 98032-5895
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Date: March 14, 2006
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: April 3, 2006
From: Brad Lake, Water Superintendent
Through: Larry Blanchard, Public Works Director
Subject. Clearwire LLC Lease Agreement for the Water Reservoir Site at 28502
• 124t1i Avenue SE
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Motion: ■ Required ❑ Not Required ❑ For Information Only
• Recommend authorization for
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Will document be required?
• ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
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❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
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• Background/History: Clearwire LLC has negotiated a five year lease agreement with Kent
Water Division to use 10 square feet of property and space on the Kent lattice tower, located in
the water reservoir facility at 28502 120' Avenue SE, as well as necessary access to install and
• operate a wireless internet service antenna on the Kent lattice tower The agreement includes the
option to extend the agreement for an additional five years
Summary: A five to 10 year lease agreement between the City and Clearwire LLC for an
• antenna installation. The monthly rent for this space shall be $1,350, to be increased annually as
agreed in the contract.
• Recommendations: Recommend authorization for the Mayor to sign a five to 10 year lease
• agreement with Clearwire LLC for use of a portion of a Kent lattice tower/reservoir site on 1241'
Avenue SE.
P IPrddmUdnunSu1A8vMPWC nNNafe Uv.Pq-ed.
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f LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease'l is entered into by and between the CITY OF KENT,
Washington municipal corporation ("Landlord") and CLEARWIRE LLC, a Nevada limited liability
company, with its principal office in Washington located at 5808 Lake Washington Blvd, NE,
• Suite 300, Kirkland, Washington 98033 ("Tenant").
S BACKGROUND
A. Landlord is the owner in fee simple or benefits from easements on parcels of
land located in the City of Kent, King County, Washington, legally described on the attached
Exhibit A (the"Property').
B. Tenant is in the communications business and desires a nonexclusive lease for
the portion of the Property that is legally described on the attached Exhibit B, together with
• nonexclusive use of the areas legally described on the attached Exhibit C for access and
• utilities.
• C. Accordingly, the parties are entering into this Lease on the terms and conditions
set forth below.
• AGREEMENT
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. Landlord and Tenant enter into a nonexclusive lease for that
portion of the Property legally described on the attached Exhibit B (the "Premises") together
with non-exclusive use of the areas legally described in Exhibit C for ingress, egress and
• utilities.
This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way. Any such
franchise or permit must be obtained separately from Landlord.
• 2. Term and Oxon to Renew. This Lease shall commence on the earlier of: (a)
nine (9) months after the date of this Lease has been signed by both parties, or (b) the date
Tenant commences construction of its improvements on the Premises or installation of utilities
. within the Exhibit C area (the "Commencement Date'), and end on the date that is one day
• before the five year anniversary of the Commencement Date. Additionally, so long as Tenant is
not in default of this Lease, Tenant shall have the option to renew this Lease for one (1)
• additional five (5) year periods subject to the adjustment of Monthly Rent as described in
Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised
in writing and delivered to Landlord at least ninety (90) calendar days before the end of the
then-current term.
LEASE AGREEMENT AT 285th STREET TANK[MWER—Page 1 of 15
(landlord.- City of Kent; Tenant. CYeanvire LLC)
Site number: WA-TAC136-C (March 28,2006)
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3. Rent.
a. Tenant agrees to pay Landlord as Monthly Rent, without notice or
demand, the sum of ONE THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS .
($1,350.00), plus leasehold tax, if required by law, at a rate established by the State of •
Washington, currently 12.84%, commencing on the Commencement Date. Subsequently, the
Monthly Rent shall be paid in advance, on or before the first day of the month during the term
hereof. Monthly Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, •
Washington 98032, Attention:Public Works Director.
b. Tenant shall pay Landlord a late payment charge equal to five percent ,
(5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due.
Any amounts not paid when due shall bear interest until paid at the rate of two percent (2%)
per month. i
C. The Monthly Rent during years two (2) through five (5) of each five (5)
year term shall be increased effective as of each anniversary of the Commencement Date by an
amount equal to the greater of four (4) percent or the percentage increase in the CPI over the .
CPI for the month 12 months prior to the adjustment date. "CPI" means the Consumer Price
Index for All Urban Consumers, U.S. City Average, All Items, issued by the Bureau of Labor
Statistics for the United States Department of Labor (1982-84 = 100). If the CPI is converted
to a different standard reference base or otherwise revised, the adjustment set forth in this
paragraph shall be made with the use of the conversion formula published by the Bureau of
Labor Statistics. •
d. The Monthly Rent during the first year of a renewal term will be adjusted
to Market Rent. As used herein, "Market Rent" means the rent paid for similar uses on similar
properties in the greater Puget Sound area. If Landlord and Tenant cannot agree upon Market
Rent within thirty (30) days after Tenant presents its proposal for Market Rent, then the matter
shall be settled by binding arbitration by a single arbitrator who has experience in
telecommunications real estate leasing matters. Tenant shall present its proposal for Market •
Rent when it exercises its option to renew the Lease. The arbitration will be administered by .
JAMS if the parties have not otherwise agreed to use a different arbitrator or arbitration
process. Each party will submit to the arbitrator and each other at least ten (10) days in
advance of the hearing their best offers of Market Rent. The arbitrator shall award the Market •
Rent figure that is closest to the true Market Rent. The costs of the arbitration shall be borne
by the Tenant. Each party will bear the cost of its own attorneys fees.
e. Monthly Rent, and all other consideration to be paid or provided by
Tenant to Landlord shall constitute Rent and shall be paid or provided without offset.
4. Use of Premises. •
a. Tenant shall use the Premises for the purpose of locating, maintaining,
replacing, removing, operating, and upgrading a wireless communications antenna on a city •
owned antenna tower. Tenant shall also use the Premises for the purposes of constructing,
LEASE AGREEMENT AT 2850 STREET TANK/TOWER—Page 2 of 15 •
(Landlord.• CrtyofKent; Tenant.• CleanaireLLQ
Site number: WA-TAC136-C (March 28, 2006)
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• maintaining, replacing, removing, operating, and upgrading related wireless communication
ground equipment, support structures, and cables. The antenna and related facilities shall
collectively be referred to as the"Antennae Facilities." The Premises shall be used for no other
purpose.
b. Tenant shall, at its expense, comply with all applicable present and future
federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances
• relating to health, radio frequency emissions, other radiation and safety) in connection with the
use, operation, maintenance, construction and/or installation of the Antennae Facilities and/or
the Premises.
5. Tenant Improvements, Plans, Bonds.
a. (1) Tenant may improve the Premises by constructing the Antennae
Facilities. Tenant is required, as part of this Lease, to complete all the items listed in Exhibit D.
Tenant is responsible to provide all labor, materials, and equipment necessary for the items
listed in Exhibit D. Prior to commencing construction, Tenant shall submit plans and
• specifications drawn to scale for all improvements to Landlord for Landlord's written approval,
• such approval not to be unreasonably withheld. No improvement, construction, installation or
alteration shall be commenced until plans for such work have been approved by the Landlord
and all necessary permits have been properly issued. Landlord's Public Works Department shall
• give such approval or provide Tenant with its requests for changes within thirty (30) working
days of Landlord's receipt of Tenant's work plans. The plan and specifications review schedule
described above does not apply to the City of Kent acting as a governmental entity issuing
ipermits and other approvals for the work Tenant is requesting to perform.
(2) All improvements shall be constructed in a workmanlike manner
• without the attachment of any liens to the Property and shall be completed in compliance with
• all permits, applicable laws, rules, ordinances, and regulations. If any lien is filed, such lien
shall be removed from the Property or bonded over, per RCW 60.04.161, within twenty (20)
a days of the lien being recorded with the King County Recorder's office.
• b. (1) The Tenant shall remove the Antennae Facilities from the
Premises upon termination of the Lease. Such removal shall be done in a workmanlike and
careful manner and without interference or damage to any other equipment, structures or
operations on the Premises, including use of the Premises by Other Provides as described in
Section 6.a, Landlord, or any of Landlord's assignees.
• (2) Upon removal of the improvements (or portions thereof) as
provided above in subpart (1), Tenant shall restore the affected area of the Premises and
Access Easement, normal wear and tear excluded, to the reasonable satisfaction of the
• Landlord.
(3) All costs and expenses for the removal and restoration to be
• performed by Tenant pursuant to subparts (1) and (2) above shall be borne by Tenant, and
• Tenant shall hold Landlord harmless from any portion thereof.
LEASE AGREEMENT AT 285`"STREET TANK/TOWER—Page 3 of 15
• (Landlord.- CO of Kent; Tenant.- Clearwire L L Q
• Site number: WA-TAC136-C (March 28, 2006)
(4) If Tenant requests permission not to remove all or a portion of the •
improvements upon termination of this Lease per section 5 b(1), and Landlord consents to such
non-removal, title to the affected improvements shall thereupon be transferred to Landlord and
the same thereafter shall be the sole and entire property of Landlord, and Tenant shall be
relieved of its duty to otherwise remove same. All other alterations, improvements and
structures located or constructed on the Premises (except for movable equipment and trade
fixtures), shall become the property of Landlord upon termination of the Lease, except that
Landlord may, by written notice to Tenant, require Tenant to remove all such improvements •
upon termination of the Lease. Any personal property, equipment, or other improvements
which are not removed upon termination of this Lease shall become the property of Landlord,
at Landlord's option. .
C. Tenant shall annually post a bond (or, at Tenant's option, a letter of
credit) from a surety or bank reasonably acceptable to Landlord, in the amount of Fifteen
Thousand Dollars($15,000.000). Landlord may use these funds at the termination of the Lease •
for removal of all improvements and repair of the Premises and Exhibit C area should Tenant •
not comply with the requirements of this section.
6. Use by Other Providers. •
a. Tenant shall cooperate with each new Other Provider that Landlord leases
to in connection with the Other Provider locating and placing its antennas and other facilities on
the Premises and in the ancillary support facilities.
b. Each new Other Provider shall be solely responsible for the cost of
locating and placing its equipment on the Premises. The Other Provider shall also be •
responsible for any liabilities that arise from the Other Provider's use of the Premises.
7. Net Lease. Landlord shall not be required to make any expenditures of any kind •
in connection with this Lease or to make any repairs or improvements to the Premises or Access
Easement. The parties agree that this is a net Lease intended to assure Landlord the rent
reserved on an absolute net basis. In addition to the Monthly Rent reserved above, Tenant shall •
pay to the parties entitled thereto all taxes, assessments, insurance premiums, maintenance
charges, and any other direct charges, costs and expenses against the Premises and Exhibit C
area which may be contemplated under any provisions of this Lease.
8. Maintenance.
a. Tenant shall, at its own expense, maintain the Premises, Access •
Easement, and all improvements, equipment and other personal property on the Premises in
good working order, condition and repair. Tenant shall keep the Premises and Access Easement
free of debris and anything of a dangerous, noxious or offensive nature or which would create a •
hazard or undue vibration, heat, noise or interference. Tenant shall install, maintain, and
replace, when necessary, all landscaping required by Exhibit D and City of Kent permits.
b. In the event the Landlord or any other tenant undertakes painting,
construction or other alterations on the Landlord's Property described in Exhibit A, Tenant shall
LEASE AGREEMENT AT 285th STREET TANK(TOWER- Page 4 of 15 •
(Landlord. City of Kent; Tenant Clearwire LLC) •
Site number: WA-TAC136-C (March 28, 2006) •
take reasonable measures, at Tenants cost, to cover Tenant's equipment, personal property or
Antennae Facilities and protect them from paint and debris fallout which may occur during the
painting, construction or alteration process. This requirement shall not be interpreted as a
waiver of any claim Tenant may raise either against Landlord or any third party due to the
• Landlord or the third parties' negligence, so long as Tenant has taken reasonable measures to
. protect Tenant's equipment, property, and facilities as required above.
• 9. Access. Landlord and its agents shall have the right to enter the Premises at
. reasonable times to examine and inspect the Premises; provided, however, that in no event will
Landlord, its employees, agents or contractors remove, relocate, alter, modify or otherwise
tamper with Tenant's Antennae Facilities. Tenant shall have 24-hours-a-day, 7-days-a-week
access to the Premises at all times during the term of this Lease.
10. Utilities. Tenant shall, at its expense, separately meter charges for the
. consumption of electricity and other utilities associated with its use of the Premises and shall
• timely pay all costs associated therewith.
11. License Fees. Tenant shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or occasioned by
• Tenant's use of the Premises and Access Easement_
• 12. Approvals; Compliance with Laws. Tenant's use of the Premises and Exhibit C
• area is contingent upon its obtaining all certificates, permits, zoning, and other approvals that
may be required by any federal, state or local authority. Tenant shall erect, maintain and
• operate its Antennae Facilities in accordance with site standards, statutes, ordinances, rules and
• regulations now in effect or that may be issued thereafter by the Federal Communications
Commission or any other governing bodies.
• 13. Interference.
a. Tenant's installation, operation, and maintenance of its transmission
facilities shall not damage or interfere in any way with Landlord's activities on the Property.
• Tenant agrees to correct, within 8 hours, all such actions which interfere with Landlord's use of
the Property. Tenant agrees to promptly commence good faith efforts to cure interference
upon actual notice of such interference. If the interference cannot be corrected without
• Tenant's wireless signal coverage goals from the Premises being materially impacted, Tenant
i shall have the right to terminate the Lease.
• b. Before approving the placement of Antennae Facilities, Landlord may
obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will
interfere with any existing communications facilities on the Property.
• C. In the event that an Other Provider requests a lease from Landlord to
place any type of antennae or transmission facility on the Premises, Landlord shall submit a
proposal complete with all technical specifications reasonably requested by Tenant to Tenant
• for review for noninterference; however, Landlord shall not be required to provide Tenant with
any specifications or information claimed to be of a proprietary nature by the third party. The
LEASE AGREEMENT AT 285"'STREET TANK/TOWER-Page 5 of 15
• (Landlord.- CO of Kent; Tenant.• Clearwire LLC)
• Site number: WA-TAC136-C (March 28,2006)
•
•
Other Provider shall be responsible for the reasonable cost of preparing the technical •
specifications for its proposed transmission facility. Tenant shall have fifteen (15) calendar days
following receipt of said proposal to make any objections thereto, and failure to make any !
objection within said fifteen (15) calendar day period shall be deemed consent by Tenant to the .
installation of Antennae or transmission facilities pursuant to said proposal. If Tenant gives
notice of objection due to interference during such fifteen (15) calendar day period and
Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with .
such proposal unless the Other Provider modifies the proposal in a manner determined, in
Landlord's reasonable judgment, to adequately eliminate reasonable interference concerns •
asserted by Tenant In that case, Landlord may proceed with the proposal. In the event the
Other Provider actually interferes with the operations of Tenant, Landlord shall make good faith !
efforts to have the Other Provider correct, within 8 hours, all such actions that interferes. A
governmental unit may be allowed to place Antennae or other communications facilities on the
Premises as long as there is no interference with Tenant's use.
14. Default. It shall be a default if. •
a. Tenant defaults in the payment of Monthly Rent or any other sums !
payable to Landlord when due, and does not cure such default within fifteen (15) calendar days
after written notice from Landlord; !
b. Tenant abandons or vacates the Premises for a period longer than thirty •
(30) days;
C. Tenant fails, at any time during this Lease (including optional renewal •
periods), to conform or comply with any local land use, regulatory, or building permit
conditions issued by the City in connection with the construction, operation, or maintenance of !
Tenant's-facilities contemplated in this Lease; •
d. Tenant is adjudicated as bankrupt or makes any assignment for the
benefit of creditors;
e. Tenant becomes insolvent; or !
f. Either party defaults in the performance of any other covenant or
condition of this Lease and does not cure such other default within thirty (30) calendar days
after written notice from the non-defaulting party specifying the default at issue; provided, !
however, that neither party will be in non-monetary default under this subsection if it
commences curing such default with such 30-day period and thereafter diligently prosecutes the •
cure to completion.
15. Cure by Landlord. In the event of any default of this Lease by Tenant, the •
Landlord may at any time, after notice, cure the default for the account of and at the expense
of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any !
act which will require the payment of any sum of money or is compelled to incur any expense, .
including reasonable attorney fees in instituting, prosecuting or defending any action to enforce
the Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs and !
LEASE AGREEMENT AT 285"' STREET TANKITOWER-Page 6 of 15 !
(Landlord.- City of Kent; Tenant.- CLearwire LLC) •
Site number: WA-TAC136-C (March 28, 2D06) •
!
• damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord
on the first day of the month following the incurring of the respective expenses. If Tenant
disputes the appropriateness of the Additional Rent in good faith, Tenant will pay such
. Additional Rent"under protest'. Any payment under protest by Tenant shall not be considered
• an admission of liability or a waiver of Tenant's rights under this Agreement, and such payment
shall be subject to refund if Tenants position is upheld by a court.
A
S 16. Optional Termination. Except for instances of default as set forth in Section 14,
. this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation of the
. Antennae Facilities or Tenant's business; (b) by Landlord upon ninety (90) days prior written
• notice to Tenant, if the Landlord decides, in its sole discretion for any reason, to discontinue use
of the Premises for city or public purposes; (c) by Landlord if it determines through verifiable
scientific evidence that continued use of the Premises by Tenant is in fact a threat to health,
. safety or welfare; (d) by Landlord if Tenant's use of the Premises violates applicable laws or
ordinances; or (e) by Landlord if Tenant loses its license to provide communication service for
any reason, including, but not limited to, non-renewal, expiration, or cancellation of its license.
• 17. Damages and Attorney's Fees. In the event of an instance of Tenant's default as
identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled
to the amount of unpaid rent accrued through the date of termination; and liquidated damages
• in the amount of six (6) months rent. If it becomes necessary for the Landlord to use an
attorney and/or bring suit for damages or possession, or if Tenant shall bring any action for any
relief against Landlord, declaratory or otherwise, arising out of this Lease, the prevailing party
shall have and recover against the other party in addition to the cost allowed by law, such sum
as the court may adjudge to be reasonable attorne)(s fees.
• 18. Termination; Notice. Except as otherwise provided above in Section 16(b), any
• notice of termination pursuant to Section 16 shall be given to the other party in writing at least
thirty (30) calendar days prior to the termination date in accordance with the provision of
. Section 28.
19. Damagg or Destruction. If Tenant's improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no fault
• or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) calendar
• days' written notice to Landlord. In such event, Tenant shall promptly remove all
improvements from the Premises as set forth in Section 5(b) above. This Lease (and Tenants
i obligation to pay rent) shall terminate upon Tenants fulfillment of the obligations set forth in
. the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of
any Monthly Rent prepaid by Tenant. Landlord shall have no obligation to repair any damage
to any portion of the Premises or Access Easement.
20. Condemnation. In the event the Premises are taken by eminent domain, this
Lease shall terminate as of the date title to the Premises vests in the condemning authority. In
• the event a portion of the Premises is taken by eminent domain, either party shall have the
right to terminate this lease as of said date of title transfer, by giving thirty (30) days written
notice to the other party. In the event of any taking under the power of eminent domain,
LEASE AGREEMENT AT 285"'STREET TANK/TOWER-Page 7 of 15
(Landlord. City of Kent; Tenant.' Ctearwire LLC)
. Site number: WA-TAC136-C (March 28, 2006)
Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord •
shall receive full amount of such award. Tenant shall hereby expressly waive any right or claim
to any portion of all damage awards, whether awarded as compensation for diminution in value
of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover .
from the condemning authority, but not from Landlord, such compensation as may be •
separately awarded or recoverable by Tenant on account of any and all damage to Tenant's
business and any costs or expenses incurred by Tenant in moving/removing its equipment,
personal property, Antennae Facilities, and leasehold improvements.
21. Indemnity.
a. Disclaimer of Liability: Landlord shall not at any time be liable for injury •
or damage occurring to any person or property from any cause whatsoever arising out of
Tenant's negligent construction, maintenance, repair, use, operation, condition or dismantling
of the Premises, Access Easement, Tenant's Antennae Facilities, and any other improvements •
made by Tenant.
b. Indemnification: Tenant shall, at its sole cost and expense, indemnify •
and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of •
Landlord, now existing or hereinafter created, and their respective officers, boards,
commissions, employees, agents, attorneys, and contractors (hereinafter referred to as
"Indemnitees'), from and against: •
(1) Any and all liability, obligation, damages, penalties, claims, liens,
costs, charges, losses and expenses (including, without limitation, reasonable fees and .
expenses of attorneys, expert witnesses and consultants), which may be imposed upon,
incurred by or be asserted against the Indemnitees by reason of any intentional or negligent act
or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, •
resulting in personal injury, bodily injury, sickness, disease or death to any person or damage •
to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy
and unauthorized use of any trademark, trade name, copyright, patent, service mark or any
other right of any person, firm or corporation, which may arise out of or be in any way •
connected with the construction, installation, operation, maintenance, use or condition of
Tenant's Antennae Facilities, Tenant's use of the Premises and Access Easement, Tenant's other
improvements, or Tenant's failure to comply with any federal, state or local statute, ordinance •
or regulation.
i
(2) Any and all liabilities, obligations, damages, penalties, claims, .
liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and other consultants), which are imposed upon,
incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of
work, labor, materials or supplies provided by or supplied to Tenant, its contractors or •
subcontractors, for the installation, construction, operation, maintenance or use of the
Premises, Access Easement, Tenant's Antennae Facilities, Tenant's other improvements.
Tenant shall cause such claim or lien covering Landlord's Property to be discharged or bonded .
per the requirements in section 5.(a)(2). •
LEASE AGREEMENT AT 285'b STREET TANK/TOWER-Page 8 of 15
(Landlord.- Gty of Kent; Tenant. Clearwire LLC) •
Site number: WA-TAC136-C (March 28, 2006) •
• (3) Notwithstanding the foregoing, Tenant shall not indemnity, defend
t or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses or expenses (including, without limitation, reasonable fees and expenses of
• attorneys, expert witnesses and other consultants), arising out of the Indemnitee's negligence
• or willful misconduct.
C. Assumption of Risk: Tenant undertakes and assumes for Its officers,
• agents, affiliates, contractors and subcontractors and employees all risk of dangerous
. conditions, if any, on or about the Premises and Access Easement. Tenant's assumption of risk
shall not apply to any latent defects or other dangerous situation, if Landlord knows or should
• know that defect or situation to exist but has not disclosed that information to Tenant.
d. Defense of Indemnitees: In the event any action or proceeding shall be
brought against the Indemnitees by reason of any matter for which the Indemnitees are
• indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole
cost and expense, resist and defend the same; provided however, that Tenant shall not admit
liability in any such matter on behalf of the Indemnitees without the written consent of Landlord
• and provided further that Indemnitees shall not admit liability for, nor enter into any
• compromise or settlement of, any claim for which they are indemnified hereunder, without the
prior written consent of Tenant.
• e. Notice, Cooperation and Expenses: Landlord shall give Tenant prompt
notice of the making of any claim or the commencement of any action, suit or other proceeding
covered by the provisions of this Section 21. Nothing herein shall be deemed to prevent
• Landlord from cooperating with Tenant and participating in the defense of any litigation by
• Landlord's attorney so long as the participation is coordinated with Tenant's attorney. Tenant
shall pay all expenses Incurred by Landlord in response to any such actions, suits or
proceedings. These expenses shall include all out-of-pocket expenses such as the reasonable
• value of any services rendered by the Landlord's attorney; the actual expenses of Landlord's
agents, employees, or expert witnesses; and disbursements and liabilities assumed by Landlord
in connection with such suits, actions or proceedings. Provided, however, these expenses shall
not include attorneys' fees for services that are unnecessarily duplicative of services provided
• Landlord by Tenant.
• 22. Insurance.
a. Type and Amount: During the term of the Lease, Tenant shall maintain,
a or cause to be maintained, in full force and effect and at Its sole cost and expense, the
• following types and limits of insurance:
(1) Worker's Compensation insurance meeting applicable statutory
• requirements and employer's liability insurance with minimum limits of One Hundred Thousand
• Dollars ($100,000) for each accident.
• (2) Comprehensive Commercial General Liability insurance written on
an occurrence basis with limits no less than One Million Dollars ($1,000,000) combined single
limit per occurrence and in the aggregate for bodily injury, personal injury and property
LEASE AGREEMENT AT 285Fh STREET TANK/TOWER-Page 9 of 15
` (Landlord: City of Kent; Tenant- Clearwire LLC)
• Site number: WA=fAC136-C (March 28,20 )
•
damage. The policy shall provide blanket contractual liability insurance for all written contracts, •
and shall include coverage for products and completed operations liability, independent
contractors liability; coverage for property damage from perils of explosion, collapse or damage S
to underground utilities, commonly known as XCU coverage. •
(3) Automobile Liability insurance covering all owned, hired, and non-
owned vehicles in use by Tenant, its employees and agents, with personal protection insurance
and property protection insurance to comply with the provisions of state law with minimum
limits of One Million Dollars ($1,000,000.00) as the combined single limit for each occurrence •
for bodily injury and property damage.
(4) Excess liability insurance with limits not less than Four Million •
Dollars ($4,000,000.00) per occurrence and in the aggregate.
(5) At the start of and during the period of any construction, builders •
all-risk insurance, together with an installation floater or equivalent property coverage covering
cables, materials, machinery and supplies of any nature whatsoever which are to be used in or
incidental to the installation of the Antennae Facilities. Upon completion of the installation of •
the Antennae Facilities, Tenant shall substitute for the foregoing insurance policies of fire, •
extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities.
The amount of insurance at all times shall be representative of the insurable values installed or
constructed. .
(6) All policies other than those for Worker's Compensation shall be
written on an occurrence and not on a claim made basis. •
(7) The coverage amounts set forth above may be met by a
combination of underlying and umbrella policies so long as in combination the limits equal or •
exceed those stated. .
b. Additional Insureds: All policies, except for business interruption, the
policies specified in Section 22.a(5) and worker's compensation policies, shall list Landlord and •
its officials, officers, employees, agents and assigns, as their respective interests may appear, •
as additional insureds (herein referred to as the"Additional Insureds'. Each policy, which is to
be endorsed to list Additional Insureds hereunder, shall contain cross-liability wording, as •
follows: .
In the event of a claim being made hereunder by one insured for
which another insured is or may be liable, then this policy shall
cover such insured against whom a claim is or may be made in
the same manner as if separate policies had been issued to each
insured hereunder. •
C. Evidence of Insurance: Certificates of insurance or self insurance for
each insurance policy required to be obtained by Tenant in compliance with this Section, .
together with a copy of the endorsement listing the Landlord as additional insured shall be
provided to Landlord prior to the Commencement Date. Tenant shall also provide Landlord
LEASE AGREEMErTr AT 285'1'STREET TANK/TOWER-Page 10 of 15
(Landlord.- C1fy of Kent; Tenant,• Clearwire LLC) •
Site number: WA-TAC136-C (March 28, 2006) •
• written evidence of payment of required premiums annually during the term of the Lease.
Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to
Landlord.
• d. Cancellation of Policies of Insurance: All insurance policies maintained
pursuant to this Lease shall contain the following endorsement:
• At least thirty (30) days prior written notice shall be given to
• Landlord by the insurer of any intention (a) not to renew, (b) to
cancel, or (c) to reduce the coverage afforded under this
• insurance policy. Such notice shall be given by registered mail to
• the Landlord.
e. Insurance Companies: All insurance shall be effected under valid and
• enforceable policies, insured by insurers licensed to do business by the State of Washington or
• surplus line carriers on the State of Washington Insurance Commissioner's approved list of
companies qualified to do business in the State of Washington. All insurance carriers and
• surplus line carriers shall be rated A- (VIII) or better by A.M. Best Company.
• f. Deductibles: Any payment of deductible or self-insured retention shall be
the sole responsibility of the Tenant.
g. Contractors: Tenant shall require that each and every one of its
contractors and their subcontractors who perform work on the Premises and Exhibit C area
• carry, in full force and effect, workers' compensation, comprehensive public liability and
. automobile liability insurance coverage of the type which Tenant is required to obtain under the
terms of this paragraph with appropriate limits of insurance.
• h. Review of Limits: Once during each calendar year during the term of this
• Lease, Landlord may review the insurance coverage to be carried by Tenant. If Landlord
reasonably determines that higher limits of coverage are necessary to protect the interests of
Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional
• limits of insurance, at its sole cost and expense.
• 23. Hazardous Substance Indemnification. Tenant represents and warrants that its
• use of the Premises and Exhibit C area will not generate any hazardous substance, and it will
not negligently or intentionally store, or dispose, or transport over the Premises and Exhibit C
area any hazardous substance in violation of any federal or state law. Tenant further agrees to
hold Landlord harmless from and indemnify Landlord against any release of any such hazardous
substance and any damage, loss, or expense or liability resulting from such release including all
attorneys' fees, costs and penalties incurred as a result thereof except any release caused by
• the negligence of Landlord, its employees or agents. Similarly, Landlord warrants that the
Premises and Exhibit C area are free of any hazardous substances and agrees to indemnify and
hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous
. substance by Landlord. "Hazardous substance" shall be interpreted broadly to mean any
• substance or material defined or designated as hazardous or toxic waste, hazardous or toxic
material, hazardous or toxic or radioactive substance, or other similar term by any federal, state
LEASE AGREEMENT AT 2850'STREET TANK/TOWER-Page 11 of 15
(Landlord. City of Kent; Tenant. Clearwire LLC)
• Site number: WA-TAC136-C (March 28,2006)
or local environmental law, regulation or rule presently in effect or promulgated in the future, •
as such laws, regulations or rules may be amended from time to time; and it shall be
interpreted to include, but not be limited to, any substance which after release into the
environment will or may reasonably be anticipated to cause sickness, death or disease. •
24. Holding Over. Any holding over after the expiration of the term hereof, with the
consent of the Landlord, shall be construed to be a tenancy from month to month and Monthly
Rent shall be paid by Tenant at two times the rents herein specified and shall otherwise be on .
the terms and conditions herein specified, so far as applicable. •
25. Subordination to Mortgage. Any mortgage now or subsequently placed upon any
Property of which the Premises are a part shall be deemed to be prior in time and senior to the •
rights of the Tenant under this Lease. Tenant subordinate all of its interest in the leasehold
estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's
request, execute any additional documents necessary to indicate this subordination within ten •
(10) days of written request by Landlord; provided that such documents include provisions by
which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises and
Exhibit C area will not be disturbed so long as Tenant is not in default under this Lease.
26. Acceptance of Premises. With the exception of latent defects and any hazardous
substance contamination existing prior to the Commencement Date, by taking possession of the
Premises, Tenant accepts the Premises and Exhibit C area in the condition existing as of the •
Commencement Date. Landlord makes no representation or warranty with respect to the
condition of the Premises or Access Easement.
27. Estoppel Certificate. Tenant shall, at any time and from time to time upon not •
less than thirty (30) days prior request by Landlord, deliver to Landlord a statement in writing
certifying that (a) the Lease is unmodified and in full force (or if there have been modifications,
that the Lease is in full force as modified and identify the modifications); (b) the dates to which •
rent and other charges have been paid; (c) so far as the person making the certificate knows,
Landlord is not in default under any provisions of the Lease; and (d) such other matters as
Landlord may reasonably request. .
28. Notices. All notices, requests, demands, and other communications hereunder
shall be in wribng and shall be deemed given if personally delivered or mailed, certified mad, •
return receipt requested, or by a nationally recognized courier service, to the following .
addresses:
If to Landlord, to: Public Works Director •
City of Kent
220 Fourth Avenue South
Kent, WA 98032 •
With a copy to: City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
LEASE AGREEMENT AT 285'h STREET TANKJTOWER-Page 12 of 15 •
(Landlord City of Kent; Tenant.• O7earwlreLLC) .
Site number: WA-TAC136-C (March 28,20b6)
If to Tenant, to: Clearwire, LLC
5808 Lake Washington Blvd, NE
• Suite 30012920 SE 3e Street
Kirkland, WA 98033
Attn: PCS Lease Administrator
• With a copy to: Clearwire, LLC
. c/o CLS Group
• Attn: Site Acquisition Agent
• 29. Assignment and Subletting.
a. Tenant shall not sublet all or any part of the Premises. Tenant shall not
• assign its interest in this Lease without Landlord's prior written consent, which will not be
unreasonably withheld. Consent by Landlord to any assignment shall not constitute a waiver of
the necessity of such consent to any subsequent assignment. This prohibition against any
• assignment or subletting shall be construed to include a prohibition against any subletting or
• assignment by operation of law. If this Lease is assigned, Landlord may collect rent from the
assignee, and apply the net amount collected to the rent and other obligations of Tenant
. hereunder reserved. Consent by Landlord to an assignment shall not be deemed a waiver or
• release of Tenant from the further performance by Tenant of the covenants on the part of
. Tenant hereunder contained.
• b. If Tenant is a corporation, partnership, or limited liability company, and if
• the control thereof changes at any time during the term of this Lease, then Landlord at its
option may, by giving ten (10) days prior written notice to Tenant, declare such change a
breach of this section unless Landlord has previously approved in writing the new controlling
• party or unless Landlord's approval is not required pursuant to Section 29.d, below.
C. Any person or entity to which this Lease is assigned pursuant to the
• provisions of the Bankruptcy Code, 11 USC §101, et seq., shall be deemed without further act
• to have assumed all of the obligations of Tenant arising under this Lease on and after the date
of such assignment. Any such assignee shall upon demand execute and deliver to Landlord an
• instrument confirming such assumption. Any monies or other considerations payable or
• otherwise to be delivered in connection with such assignment shall be paid to Landlord, shall be
the exclusive property of Landlord, and shall not constitute property of the Tenant or of the
estate of Tenant within the meaning of the Bankruptcy Code. Any monies or other
• considerations constituting Landlord' s property under the preceding sentence not paid or
delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to
Landlord
LEASE AGREEMENT AT 285`h STREET TANKJOWER—Page 13 of 15
• (Landlord.- City of Kent; Tenant.- Clearwire LLC)
• Site number: WA-TAC136-C (Maroh28, 2066)
•
d. Notwithstanding anything to the contrary in this Lease, Tenant shall have
the right to assign this Lease without Landlord's consent to any of Tenant's partners or •
affiliates.
30. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other •
space for communications equipment to any person or entity who may be in competition with
Tenant, or any other party.
31. Successors and Assigns. This Lease shall run with the Premises and be binding .
upon and inure to the benefit of the parties, their respective successors, personal
representatives and assigns
32. Non-Waiver. Failure of either party to insist on strict performance of any of the •
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights
hereunder shall not waive such rights, but such party shall have the rights to enforce such
rights at any time and take such action as might be lawful or authorized hereunder, either in
law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Lease
shall not be deemed a waiver of such breach unless expressly set forth in writing.
33. Taxes. •
a. Tenant shall pay all real and personal property taxes (or payments in lieu
of taxes) and assessments for the Premises and Exhibit C area that are directly the result of
Tenant's communication equipment, if any, which become due and payable during the term of
this Lease. All such payments shall be made, and evidence of all such payments shall be
provided to Landlord, at least ten (10) days prior to the delinquency date of the payment. •
Tenant shall pay all taxes on its personal property on the Premises. •
b. Tenant shall indemnify Landlord from any and all liability, obligation, •
damages, penalties, claims, liens, costs, charges, losses and expenses (including, without •
limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which
may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed
or assessed on Tenants Property on the Premises. •
C. If the methods of taxation in effect at the Commencement Date of the
Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and •
special assessments now imposed on property there is imposed a tax upon or against the .
rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as
provided for the payment of real and personal property taxes.
34. Miscellaneous.
a. Landlord and Tenant represent that each, respectively, has full right, •
power, and authority to execute this Lease.
b. This Lease constitutes the entire agreement and understanding of the
parties and supersedes all offers, negotiations, and other agreements of any kind. There are no
LEASE AGREEMENT AT 285t'STREET TANK/TOWER-Page 14 of 15
(Landlord: City of Kent; Tenant.• Geanvire LLC)
Site number: WA-TAC136-C (March 28,2006) •
representations or understandings of any kind not set forth herein. Any modification of or
• amendment to this Lease must be in writing and executed by both parties.
C. This Lease shall be construed in accordance with the laws of the State of
. Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations
of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent,
Washington.
. d. If any term of this Lease is found to be void or invalid, such invalidity
. shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
• THIS LEASE IS EXECUTED and shall become effective on the last date indicated below.
• LANDLORD: TENANT:
CITY OF KENT CLEARWIRE, LLC.
By: By:
• Print Name: Suzette Cooke Print Name:
Its: Mayor Its:
Date: Date:
APPROVED AS TO FORM:
Kent Law Department
• LEASE AGREEMENT AT 285'"STREET TANK/TOWER—Page 15 of 15
(Landlord. Oty of Kent; Tenant. Clearwrre LLC)
• Site number: WA-TAC136-C (March 28, 2006)
EXHIBIT A •
LEGAL DESCRIPTION OF LANDLORD'S PROPERLY
THE WEST 150 FEET OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST •
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., ALSO,
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE •
SOUTHEAST QUARTER OF SECTION 33 LYING EASTERLY OF THE WESTERLY 508 FEET
THEREOF, AND NORTHERLY OF THE SOUTHERLY 429 FEET OF SAID SOUTHWEST QUARTER •
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND SOUTHERLY OF THE
NORTHERLY 30 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE •
SOUTHEAST QUARTER; ALSO,
THAT PORTION OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHWEST •
QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SOUTHEAST QUARTER OF SECTION
33 LYING SOUTHERLY OF THE NORTH LINE OF THE SOUTHERLY 429 FEET OF THE SAID •
SOUTHWEST QUARTER, AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER WHICH IS 508 FEET EASTERLY OF THE •
SOUTHWEST CORNER THEREOF; •
THENCE NORTHERLY TO A POINT ON THE SAID NORTH LINE OF THE SOUTHERLY 429 FEET •
OF THE SOUTHWEST QUARTER WHICH IS 509.70 FEET EASTERLY OF THE WEST LINE OF THE
SAID SOUTHWEST QUARTER AND THE TERMINUS OF SAID LINE DESCRIPTION.
TOGETHER WITH AN EASEMENT OVER, UNDER AND ACROSS THE EAST 30 FEET OF THE •
WEST 180 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 5 EAST,W.M.; •
TOGETHER WITH AN EASEMENT OVER, UNDER AND ACROSS THE NORTH 30 FEET OF THE
WEST 150 FEET OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE •
SOUTHEAST QUARTER; ALSO THAT PORTION OF THE NORTH 30 FEET OF THE SOUTHWEST
QUARTER OF THE SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER LYING
EASTERLY OF 124m AVENUE SOUTHEAST; ALSO THAT PORTION OF THE SOUTH 30 FEET OF •
THE NORTHWEST QUARTER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST, •
EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME.
SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON.
LEASE AGREEMENT-EXHIBIT A •
(Land/ord. Gty of Kent; Tenant O7earwire LLC)
EXHIBIT B
• LEGAL DESCRIPTION OF PREMISES
• THAT PORTION OF THE WEST 150 FEET OF THE SOUTH 300 FEET OF THE NORTH 330 FEET
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 33,TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
• COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE N
01004'47"E ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 81.89 FEET; THENCE S
88°42'11" E, A DISTANCE OF 11.08 FEET TO THE TRUE: POINT OF BEGINNING; THENCE N
• 01-17'49" E, A DISTANCE OF 10.00 FEET; THENCE S 88°42'11" E, A DISTANCE OF 10.00 FEET;
THENCE S 01017'49"W, A DISTANCE OF 10.00 FEET; THENCE N 88-42'11"W, A DISTANCE OF
10.00'TO THE TRUE POINT OF BEGINNING.
SITUATED IN COUNTY OF KING, STATE OF WASHINGTON.
. LEASE AGREEMENT— Exhibit"B"
• (Landlord.- City of Kent; Tenant.• Cleafwfre, LLC.)
EXHIBIT C
INGRESS/EGRESS AND UTILITY ACCESS •
A 15.00 FEET WIDE PARCEL OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED EASEMENT CENTER LINE: ,
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 330.00 FEET OF THE
SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE SOUTHEAST QUARTER OF •
SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.; THENCE N0100447"E, ALONG THE •
WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 81.89 FEET, THENCE S88°42'11"E, A
DISTANCE OF 11.08 FEET TO THE SOUTHWEST CORNER OF A PROPOSED 10'x10'CLEAR WIRE
LEASE AREA; THENCE N0101749"E, ALONG THE WEST LINE OF SAID PROPOSED LEASE AREA, •
A DISTANCE OF 7.50 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT CENTER
LINE DESCRIPTION; THENCE N88042'11"W, A DISTANCE OF 33.90 FEET; THENCE
N00°00'00"E, A DISTANCE OF 48.78 FEET; THENCE N30008'54"W, A DISTANCE OF 15.80 FEET;
THENCE N03013'51"W, A DISTANCE OF 114.18 FEET, THENCE N30032'08"W, A DISTANCE OF •
40.67 FEET TO THE SOUTH LINE OF THE NORTH 30.00 FEET OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER , OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AND THE
TERMINUS OF THIS CENTER LINE DESCRIPTION. •
EXTENDING AND OR SHORTENING THE EXTERIOR LINES THEREOF TO INTERSECT AND
TERMINATE AT EACH OTHER AND TO TERMINATE AT THE ABOVE DESCRIBED SOUTH AND •
WEST LINES. •
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
LEASE AGREEMENT-Exhibit"C"
(Landlord.- City of Kent; Tenant.(-7earWre, LLC.) •
EXHIBIT D
• ROAD AND FENCE CONSTRUCTION DETAILS
Lessee agrees to build fencing and access road as shown in the attached drawings (2
• pages).
• LEASE AGREEMENT—FAibit"D"
(Landlord., aw of Ken47 Tenant. Clear wire, uc)
f _- l t `7�I tl� f \ . �.f':• itxvEalE[conorE _~_ •
r `�='-µ".-� � __. ' �•
�� .---�--�'�� �� I i /,j _- __ _ , ,. �� �r_ Win—• _
V
' PROJECT
AREA l �,—ice_- --------
SEE
1 Isrns PLAN �____ _ - �w'�"r..„ - '� �' _—___ '+ •
clear+n re' GYE MYE cYv oFw rwwYEwr4w clear.: '-- •
WON t.,m .+a .ve menuweEn ww-i4nza-c �, __ _ nemnw
IMDC.�. U11 i a
K �`5 4 3 •
•
•
•
•
•
EXHIBIT "DR •
Page 1 of 2 •
•
• .a.M�n.+•.,s m.., . T if FI �c`i'I ^2.�'aR* 3i.I 4
• ,....-_.._.-o - .._.+..,.aw.i.....:^ _—__T-i„�__ii— � t� � ...rig-_.
• ••..-mn n..��..a._ .a�w am.xaw w,.•-�. '�im.uw C
• ...,re a an,mm w maw n r.cm
• i CHAIN LINK FENCE NOITES ---- ;2 CHAIN LINK FENCE SECTION =—=R 3 CHAIN LINK FENCE CORNER_ ---
• II17
• _�
• 44'-0'WIDE CHAIN LWACCESSGATE —:; 5IZ-W WIDE GRAVEL ROAD SECTION
• _"�• - � clear w'rre ��.N.�.,� - - parr _
wool] mE"�w"t N�T4nxc
MEN 1 I�a. ..".'
• 6 Iml'.r...—r.r....5 4 ] 12 2
•
•
•
•
•
•
• EXHIBIT "D"
• Page 2 of 2
Kent City Council Meeting
• Date April 18, 2006
• Category Consent Calendar
1. SUBJECT: BURROWS FINAL RE-PLAT—ACCEPT
(QUASI-JUDICIAL)
• 2. SUMMARY STATEMENT: Approve the final re-plat Mylar for Burrows Lot 1
and authorize the Mayor to sign the Mylar. Ron and Connie Grimstad propose to
subdivide approximately 46 acres into 2 single-family residential lots The property is
located at 26258 124th Avenue SE.
3. EXHIBITS: Map and memo with conditions
• 4. RECOMMENDED BY: Community Development & Public Works Dept. Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
• If no:
• Unbudgeted Expense: Fund Amount $
• Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
i
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6F
COMMUNITY DEVELOPMENT
. Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KEN T Charlene Anderson,AICP, Manager
• WASHINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
• Kent, WA 98032-5895
DATE: April 18, 2006
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH
RANNIGER AND CITY COUNCIL MEMBERS
• FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
• THROUGH: MAYOR SUZETTE COOKE
SUBJECT: BURROWS FINAL RE-PLAT (#FSU-2005-13/KIVA 92060259)
• MOTION: Approve the final plat mylar for Burrows Lot 1 and authorize the Mayor to sign the
mylar.
SUMMARY: Ron and Connie Grimstad, proposes to subdivide approximately 46 acres
into 2 single-family residential lots The property is located at 26258 124th Avenue SE.
BUDGET IMPACT: None
• BACKGROUND: On October 5, 2005, the Hearing Examiner issued Findings,
Conclusions and a Decision granting preliminary approval of a 2-lot subdivision, with 12
conditions. The applicant has complied with the conditions required prior to recording.
• S\Permit\Plan\longplats\2005\2060259-FSU-2005-13cc DOC
• Enclosure Conditions of approval—Hearing Examiner
•
•
•
•
BURROW'S REPLAT OF LOT 1
• #SU-2005-13 KIVA #RPP3-2051913
ON OCTOBER 5, 2005, THE CITY OF KENT HEARINGS EXAMINER APPROVED
• THE BURROW'S REPLAT OF LOT 1 WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS OF APPROVAL
1. The owner/subdivider shall implement all mitigation measures required by
. the Mitigated Determination of Non-Significance (MDNS) for the proposed
• Burrows Preliminary Plat, file #ENV-2005-36
2. The owner/subdivider shall submit a building permit application for a single
. family home on Lot 1 B within six months of final plat approval or the
detached garage shall be removed from the site
B. PRIOR TO RECORDING THIS SUBDIVISION
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments
and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction
Conference and/or prior to recording this plat, whichever comes first.
2. The Owner / Subdivider shall provide Public Works with a digital plat map
prepared with a CAD program The digital information can be formatted in
either * DWG (AutoCad) or * DXF (Drawing Exchange File), but must be
based upon State Plane coordinates: an assumed coordinate system
• is not permitted. The State Plane Coordinates shall be on the NAD 83/91
datum and relate to at least two City of Kent reference points within one
half mile of the subdivision In addition, the project shall be tied into at
least two City of Kent NAD 88 vertical benchmarks and two additional
permanent benchmarks shall be established within the project. The
elevations of these benchmarks will be reported at the time as-built
• drawings are submitted along with field notes sufficient to verify their
accuracy.
• 3. The Owner / Subdivider shall submit and receive City approval for
. engineering drawings from the Department of Public Works, and shall then
either construct or bond for the following.
a. A public gravity sanitary sewer system to serve all lots.
The septic system serving the existing home(s) within the proposed
subdivision - if any - shall be abandoned in accordance with King
County Health Department Regulations
• Page 1 of 4
b A public water system meeting domestic and fire flow requirements
for all lots •
This development will be served by Water District #111 and will be
constructed to Water District #111 standards and specifications
C. A storm drainage system built according to Small Site Drainage
Plans meeting the requirements of the City of Kent Surface Water i
Design Manual and Section C 5, Submittal Requirements, of
Appendix C to the King County Surface Water Design Manual,
Small Site Drainage Requirements. Initial guidance is given in the •
conditions which follow .
(1) The Small Site Drainage Plans shall include a site +♦
improvement plan, an erosion and sedimentation control •
plan and written drainage assessment. The requirements of
these plans are detailed in section C 5 discussed above The
plans may either be designed for the expected size and
location of future home construction or be prepared for a
range of impervious surfaces The plans must demonstrate •
that the small site Best Management Practices (BMP's) can •
be constructed for a home sited anywhere within the
identified building envelope +♦
(2) Roof downspouts for each roofed structure (house, garage,
carport, etc ) shall be directed to a Roof Downspout
Infiltration System meeting the requirements of Section C 2,
flow Control BMP's, in Appendix C to the King County
Surface Water Design Manual. These roof downspout
conveyance and infiltration systems shall include overflow •
pipes connected to an approved dispersion system The
Small Site Drainage Plans will include an approved detail for
the Roof Downspout Infiltration System. The face of the •
recorded plat shall contain the following restriction: •
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS •
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE
APPROVED PLANS
(3) The Erosion and Sedimentation Control Plan for the
subdivision shall meet the requirements of Section C 3,
Erosion and Sedimentation Control Measures, of Appendix
C to the King County Surface Water Design Manual. These •
plans must reflect the Detailed Grading Plan discussed
Page 2 of 4
below, and the Planning Services approved Detailed Tree
• Plan
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Building Code, the City of Kent
• Construction Standards, and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits & Grading Plans.
Initial guidance for these plans is given below.
• (1) These plans will include provisions for utilities, roadways,
stormwater facilities, and a budding footpad for each lot.
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon
• application for Budding Permits.
e. A Street Use Permit and accompanying Plan for two new
residential driveways Initial guidance for the necessary Street Use
Permit and plans is given below.
(1) The existing driveway approach serving the single family
home off of 1241h Avenue SE will be removed, and the
vertical curbs & gutters and sidewalks will be restored
(2) Two new cement concrete driveway approaches will be
installed that meet the minimum requirements of Standard
+♦ Detail 6-5(a)
• 4. The Owner / Subdivider shall include the new lot in the existing
Homeowner's Association for this subdivision to ensure that the property
owners within the subdivision are advised of their requirement to pay for
the street lighting system installed for the Burrows Short Subdivision.
5. The Owner / Subdivider shall submit and receive approval for a Detailed
Tree Plan, meeting the requirements of the Kent Zoning Code, and City of
Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to
the issuance of any Construction Permits for the subdivision. Grading
• Plans cannot be approved by the Department of Public Works without an
approved Detailed Tree Plan. Detailed Tree Plans are not to be confused
with required Street Tree Plans, which have an entirely different purpose.
• 6. Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public
Works must receive and approve As-Built Drawings meeting the
requirements of the City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #E-1, As-Build Drawings, for. Streets;
Page 3 of 4
i
i
•
•
Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; i
and all off-site improvements where the locations and/or elevations are •
deemed critical by the Department of Public Works. '
7. Break-away mailbox clusters shall be installed at locations and per •
standards approved by the US Postmaster and the City of Kent Public •
Works Department •
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE OWNER / •
SUBDIVIDER SHALL:
1. Record the Plat. •
•
2. Construct all of the improvements required in Section B, above, and/or •
pay the respective fees-in-lieu-of including any mitigation (EMA or EMF) •
charges.
3. Receive approval of the required As-Built Drawings for Street, Street •
Lighting, Water, Sewer, and Stormwater Management Facilities as
deemed appropriate by the Department of Public Works •
•
•
•
•
•
•
•
•
•
•
•
i
•
•
•
•
•
•
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•
Page 4 of 4 •
•
•
•
s
•
•
s
s
. 3
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S I lIII I TAX 9209550-0040 �FR Q e 5
!1 II USE SF Q� J TAX #209550-0050
li I /1/2' REBAR W/CAP SET FOR USE. SF
I BURROWS SHORT PLAT SBL (TYP.)
/ of NBS-57'38'W 146.71'
5871 _ 88_00 i
s ! r , o ^ 1/2' REBAR W CAP SET FQR
N I BURROWS SHO T PLAT
• i X. S 1 ------- I I
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+L J I I EX. WATER MUER -1----^--- 1 i i J�Q`�Q G��•
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• II t 10.640 SF77
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• o =j c c c�ESL $A
1-7
•
•
s
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APPLICATION NAME: BURROWS REPLAT OF LOT 1
s
S REQUEST: #SU-2005-13 KIVA#RPP3-2051913
•
s SITE MAP
Kent City Council Meeting
Date April 18, 2006
Category Consent Calendar
1. SUBJECT: KENT STATION FINAL PLAT—ACCEPT
(QUASI-JUDICIAL)
• 2. SUMMARY STATEMENT: Approve the Final Plat Mylar for Kent Station,
Phase I and authorize the Mayor to sign the Mylar Terragon proposes to subdivide in
phases approximately 18 2 acres into 20 lots within a Planned Unit Development
Phase I approval is for 10 lots The property is generally bounded by James Street on
the north, First Avenue South on the east, Fourth Avenue South on the west, and
Temperance Street on the south.
3. EXHIBITS: Map and memo with conditions
. 4. RECOMMENDED BY: Community Development & Public Works Dept. Staff
(Committee, Staff, Examiner, Commission, etc.)
5 FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
• Unbudgeted Revenue: Fund Amount $
6 CITY COUNCIL ACTION:
• Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
VOL/PG
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CITY OF KENT FSU-2002-9/KIVA#2043981
`�2C SHEET 4 OF 4
COMMUNITY DEVELOPMENT
. Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KEN T Charlene Anderson,AICP, Manager
. WASHINGTON
Phone 253-856-5454
Fax 253-856-6454
• Address 220 Fourth Avenue S
• Kent, WA 98032-5895
•
DATE: April 18, 2006
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH
. RANNIGER AND CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
• THROUGH: MAYOR SUZETTE COOKE
SUBJECT: KENT STATION, PHASE I FINAL PLAT (#FSU-2002-9/KIVA#2043981)
MOTION: Approve the final plat mylar for Kent Station, Phase I and authorize the Mayor to
sign the mylar
e
SUMMARY: Terragon, L.L.C., requests final plat approval for Phase I of a 20 lot
subdivision within a Planned Unit Development The 10 lots in Phase I represent 9 86
• acres with the remaining area to be recorded in future phases. The property is generally
bounded by James Street on the north, First Avenue South on the east, Fourth Avenue
South on the west, and Temperance Street on the south.
• BUDGET IMPACT: None
i BACKGROUND: On January 30, 2003, the Hearing Examiner issued Findings,
Conclusions and a Decision granting approval of a preliminary plat, with 8 conditions.
The applicant has complied with the conditions required prior to recording
• S\Permit\Plan\longplats\2004\2043981-FSU-2002-9cc DOC
Enclosure Conditions of approval—Hearing Examiner
•
i
a
•
•
•
•
• KENT STATION
. #SU-2002-9 KIVA #RPP3-2023555
s
• On January 30, 2003, the Kent Hearing Examiner approved the Kent Station preliminary
plat with the following conditions:
•
1. The developer shall receive City approval for engineering drawings from the
• Department of Public Works, and shall then either construct or bond for the
• following as appropriate for each phase of development:
• a) A gravity sewer system to serve all lots proposed for building construction
• b) A water system meeting domestic and fire flow requirements for all lots.
• c) The private stormwater system.
At a minimum, all utilities shall be stubbed to the edge of the purchased property
to serve future development parcels
• 2 All engineering plans shall meet the minimum requirements of the City of Kent
• Construction Standards (in effect as of November 13, 2002 and consistent with
the vesting of Development Standards as outlined in the Development
Agreement between the Developer and the City) applicable City of Kent
• Development Assistance Brochures and the 2002 City of Kent Surface Water
• Design Manual
• 3. A schematic grading plan for the entire subdivision shall be submitted A detailed
grading plan shall be submitted for each phase of development The detailed
• grading plan shall be in conformance with Uniform Budding Code, City of Kent
. Construction Standards (in effect as of November 13, 2002) and City of Kent
• Development Assistance Brochure #1-3, Excavation and Grading Permits and
Grading Plans. These plans will include provisions for utilities, roadways,
stormwater treatment facilities, and a building footpad for each lot.
•
4. The developer shall construct the final sidewalks along the Grand Arc in
. conjunction with each approved budding permit that abuts the right-of-way The
sidewalks shall be a minimum of thirteen feet in width (comprised of 9 feet of
• walkway and 4 feet of amenities), and shall meet City of Kent Construction
• Standards (in effect as of November 13, 2002 and consistent with the vesting of
` Development Standards as outlined in the Development Agreement between the
Developer and the City). Further, the sidewalks shall generally be consistent
• with the sidewalk pattern as identified in the Commuter Rail Station Area Study
and the Kent Downtown Gateways project The final sidewalk design shall be
•
•
•
•
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Kent Station
#SU-2002-9
Conditions of Approval •
jointly approved by the Kent Planning Services Division and Public Works
Department •
5. In order to create a continuous pedestrian walkway through the project site, given •
that future phases will be constructed over time, the developer shall construct a •
paved temporary walkway along both sides of the Grand Arc connecting Smith
Street to 4th Avenue South. This continuous walkway shall be constructed prior i
to or in conjunction with the first Certificate of Occupancy for Phase I and shall be •
constructed along those areas not subject to Condition #4 (above).
6. During site development and building construction, the developer shall implement •
all applicable construction-related measures to reduce air quality impacts as •
outlined in item 2(C) of the PAO mitigation document
7. The developer shall convey all private and public easements necessary for the
construction and maintenance of the required improvements for this .
development
•
8. All appropriate SEPA mitigation measures, as outlined in the PAO and Exhibit A
(SEPA Mitigation Document) attached to the PAO shall apply to the Subdivision •
S•\Permit\Plan\PUD12002\2043981-2002-9conditions of approval doc
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Page 2 of 2 •
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Kent City Council Meeting
Date April 18, 2006
Category Consent Calendar
1. SUBJECT: CLARK LAKE ESTATES DIVISION II FINAL PLAT—ACCEPT
(QUASI-JUDICIAL)
r
• 2. SUMMARY STATEMENT: Approve the Final Plat Mylar for Clark Lake Estates,
Division 2, and authorize the Mayor to sign the Mylar. Mel Daley, DMP, Inc.,
proposes to subdivide a 6.44 acre site into 33 single family residential lots. The
proposal is divided into two phases Division I includes lots 1 through 24 and was
recorded in October of 2005 The current proposal, Clark Lake Estates Division 2,
includes the remaining 9 lots. The property is located at 24115 1201h Avenue Southeast.
S
3. EXHIBITS: Map, memo with conditions and Reconsideration memo
4. RECOMMENDED BY: Community Development and Public Works Dept. Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure's No Revenue? No
Currently in the Budget? Yes No
If no:
• Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6H
_ va
CLARK LAKE ESTATES DIVISION 2
0 FSU-2002-4 KIVA #RPP5-2060702
• A Portion of N.W. 1/4, N.W. 1/4, 5ec. 21, 1 wp. 22 N., nge. a E., W.M.
• City of Kent, King County, Washington
• Being a Replat of Tracts 'A', 'B' and 'D',
CLARK LAKE ESTATES DMSION 1, Vol. 230/66-69
(Private Easements Only Sheet)
SOKAC. PT�IIO SS9Y
,T6I°°iED'srEe.as cAa I
• I
0
• m DRAINAG
E � ( ORAmc SCALE
PER Cp)
Or +W ! SLAOUSION Or
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. wry ,'iRACT'A• ti .I4 SEC.2L T-22A R-SE,WA
It"
\ U i PER CLAIM LAKE ESTATES D,N9OM 1.
L t "WIN IONS.Hm 03/91
p&. \ PER KING COUNTY SURVEY CONTROL
BASIS OF BEARNC&
AMLINE,�� vesT
MOM aUARYER En
0 Q II ,7'PwA1E I SEC.21. T_21M. R-SE R1L
�( DRAINAGE HEARING N46O2'10'E
EASEMENT • AR
n n Put(M
e IF. IFcsSD
)JSTI6'� Es I j i 1aOo' To TACK DESCRIBED IN NOTE 4
j.OT R {�1 SHEET,OF 3
• IMfbTi W �S�o� �— - `<7T'�t R MA�RKES BY 2�i INC/7295Y PLASTIC
N t Y dat ,j• N.GO24w x E (P) GARE LAKE ESTATES DIMSKN 1
$ 28- 7( VOL 230/66-99
�`62?9 a I IR) RADIAL
d Z I B pTY OF KENT STANDARD MaAA,E
S'24 29.3' 3 � (w N Sm
10'PRIVATE
• Y PRWAIE j ,0.>r 10.13 SEE TL EASEMENT i� I
DRAINAGE FAT w07E 1 1MS SHEET BELOW I
• SEE PRIVATE EASEMENT r , CURVE TABLE
ry NOTE 2 7m SHEET• 9ELOR� ISr ('ry = s
A LID, U71
$I
• � � ZO
• wssararw KIM
TRACT 'C-
UNPLATTEO
•
•
COMMUNITY DEVELOPMENT
• Fred N Satterstrom, AICP, Director
PLANNING SERVICES
iKEN T Charlene Anderson, AICP, Manager
• W.SHINGTON
Phone 253-856-5454
Fax 253-856-6454
• Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: April 18, 2006
• TO: MAYOR SUZETTE COOKS, COUNCIL PRESIDENT DEBORAH
RANNIGER AND CITY COUNCIL MEMBERS
• FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR SUZETTE COOKE
SUBJECT: CLARK LAKE ESTATES FINAL PLAT (#FSU-2002-4/KIVA#2060702)
•
• MOTION: Approve the final plat mylar for Clark Lake Estates, Division 2, and authorize the
Mayor to sign the mylar.
•
SUMMARY: Mel Daley, DMP, Inc., proposes to subdivide a 6.44 acre site into 33 single
family residential lots The proposal is divided into two phases. Division 1 includes lots 1
• through 24 and was recorded in October of 2005. The current proposal, Clark Lake
Estates Division 2, includes the remaining 9 lots.
• BUDGET IMPACT: None
•
• BACKGROUND: On November 3, 2004, the Hearing Examiner issued Findings,
Conclusions and a Decision granting preliminary approval of a 33-lot subdivision, with 13
. conditions. The applicant has complied with the conditions required prior to recording.
•
•
• S\Permit\Plan\longplats\2006\2060702-FSU-2002-4cc DOC
• Enclosure Conditions of approval—Hearing Examiner
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•
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•
•
• OFFICE OF THE LAND USE HEARING EXAMINER
KENT Theodore Paul Hunter
. WASHINGTON Hearing Examiner
� FOR THE CITY OF KENT
IN RE: }
• Clark Lake Estates, ) No. #SU-2002-4
KIVA #RPP2-2041082
• An Application for Preliminary ) RESPONSE TO REQUEST
Plat Approval ) FOR RECONSIDERATION
BACKGROUND OF REQUEST
The Hearing Examiner issued a decision approving an application for preliminary plat
approval on November 3, 2004. The approval contained a number of conditions listed
. on pages 8 — 16 of the decision. In a letter dated November 8, the representative for
• the applicant asked that two corrections be made to those conditions, to reflect
requirements in City of Kent road standards.
i
• REQUEST
Mr. Hans Korve, Applicant's representative, asks that two corrections be made to
conditions of approval He asks that Condition 3(f)(5) on page 13 be corrected to allow
a curb return radii of 25 feet, rather that the 20 feet now stated in the condition, in order
to be consistent with City of Kent road standards He also requests that Condition 7 on
page 14 be corrected to allow driveway widths of 12 feet, rather than the 20 feet that is
• now stated in the condition, in order to be consistent with City of Kent road standards.
• RESPONSE TO REQUEST
The decision contains several pages of conditions Most of the conditions of approval
are what is commonly referred to as "standard conditions" That is, the condition is
• intended to provide a sort of "notice" to the applicant about what City Codes will require
in order to obtain final plat approval. City Planning staff believes it helpful to provide this
information in the form of conditions to approval, even though the conditions are not
intended to mitigate any impact unique to the proposal being review
Order
City of Kent Hearings Examiner
Clark Lake Estates
#SU-2002-4 KlVA #RPP3-2041082
. Page 1 of 2
In this matter, the City staff apparently has not updated the list of "standard" conditions •
to reflect the current City of Kent road standards The Applicant's representative
provided citations to the sections of the city standards that contain standards that are in
conflict with the requirements of the conditions Yet, there was no reason or rationale
given by staff to alter the condition from what would otherwise be required in the city
code. Thus, it appears that the recommended conditions contained errors that should .
now be corrected. City staff agrees that this request for reconsideration should be
granted
ORDER
The request is granted The conditions shall be amended to read as follows:
Condition 3(f)(5), page 13 .
Curb return radii of 25-feet at the intersection of the subdivision street and 120th Avenue
SE, and a 45-foot radius to the edge of thickened asphalt for the temporary cul-de-sacs,
as applicable.
Condition 7, page 14:
The Owner/Developer shall work with the Department of Public Works to decrease the .
radius of 90 degree horizontal bends in the new Residential Streets to allow for the
installation of 12-foot driveways to both lots 25 and 29 that do not fall within the street
curb returns, and that are at least 5-feet from property lines '
So ordered this 10TH day of November 2004
r
THEODORE PAUL HUNTER .
Hearing Examiner •
ch•S\Permit\Plan\longplats\2002\2041082-20024order doc
Order
City of Kent Hearings Examiner
Clark Lake Estates
#SU-2002-4 KlVA #RPP3-2041082
Page 2 of 2 .
•
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• Kent City Council Meeting
Date April 18, 2006
Category Consent Calendar
1. SUBJECT: EXCUSED ABSENCE FOR COUNCIL MEMBER RAPLEE —
• APPROVE
•
• 2. SUMMARY STATEMENT: Approve an excused absence for Councilmember
Raplee from tonight's meeting.
•
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•
•
•
•
•
• 3. EXHIBITS: Memo
•
. 4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
• Expenditure? N/A Revenue? N/A
• Currently in the Budget? Yes No
. If no:
• Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
• 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
•
•
•
•
DISCUSSION:
ACTION:
•
• Council Agenda
Item No 61
•
•
• City Council
Dr. Deborah Ranniger, Council President
• Phone:253-856-5712
� K E N T Fax: 253-856-6712
• W A S H I N O T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
•
•
MEMORANDUM
i
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Debbie Raplee, Councilmember
DATE: April 18, 2006
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the April 18, 2006 City
Council meeting. I will be unable to attend.
! Thank you for your consideration.
r Debbie Raplee
Jp
Kent City Council Meeting
Date April 18, 2006
Category Consent Calendar
1. SUBJECT: KENT BICYCLE ADVISORY BOARD APPOINTMENTS —
CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mr. Dan
. Streiffert to serve as a member of the Kent Bicycle Advisory Board Mr. Streiffert has
. been a Kent resident for 30 years and has been bicycling to and from work during most
of that time. He is very interested in transportation issues relating to the Kent area and
would like to see the City become a more bicycle-friendly place. His new appointment
will become effective immediately and will continue until 12/31/07.
. Confirmation of the Mayor's appointment of Mr. Michael Taskey to serve as a member
of the Kent Bicycle Advisory Board. Mr Taskey has an interest in cycling that is both
• personal and professional As a recreational rider, he and his family enjoy exploring
the City. As a licensed coach with USA Cycling, he recommends local training rides to
his athletes As a cyclist, a cycling coach, exercise physiologist and a parent of school
age children, he has a different perspective than a commuter or strictly recreational
rider. His goal is to have safe bike routes for the entire community whether commuter
or recreational riding Mr. Taskey will replace David Hoffman, who resigned. and his
term will continue until 12/31/06.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Mayor Cooke
. (Committee, Staff, Examiner, Commission, etc.)
• 5. FISCAL IMPACT
Expenditure's N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
i Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
• DISCUSSION:
• ACTION:
Council Agenda
Item No. 6J
• OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone- 253-856-5700
Fax: 253-856-6700
. Address: 220 Fourth Avenue S.
• KENT Kent,WA 98032-5895
WASHINGTON
• TO: Deborah Ranniger,Council President
City Council Members
FROM: Suzette Cooke, Mayor
DATE: April 6, 2006
RE: Appointments to Kent Bicycle Advisory Board
I have appointed Mr. Dan Streiffert to serve as a member of the Kent Bicycle Advisory Board.
Mr. Streiffert has been a Kent resident for 30 years and has been bicycling to and from work
during most of that time. He is very interested in transportation issues relating to the Kent area
• and would like to see the city become a more bicycle-friendly place.
His new appointment will become effective immediately and will continue until 12/31/07.
I have also appointed Mr. Michael Taskey to serve as a member of the Kent Bicycle Advisory
Board. Mr. Taskey has an interest in cycling that is both personal and professional. As a
recreational rider, he and his family enjoy exploring the cityand as a licensed coach with
USACycling, he recommends local training rides to his athletes.
As a cyclist, a cycling coach, exercise physiologist and a parent of school age children, he has a
different perspective than a commuter or strictly recreational rider. His goal is to have safe bike
• routes for the entire community whether commuter or recreational riding.
Mr. Taskey will replace David Hoffman,who resigned, and his term will continue until
12/31/06.
• I submit this for your confirmation.
jb
•
•
• Kent City Council Meeting
Date April 18, 2006
Category Other Business
• 1. SUBJECT: CENTER FOR ADVANCED MANUFACTURING RESOLUTION—
• ADOPT
•
•• 2. SUMMARY STATEMENT: The feasibility analysis for the Center for Advanced
Manufacturing has been completed, and the report recommends moving forward with
• the creation of the Center and conducting Phase II work on a detailed business plan for
• the Center Grant dollars have already been secured to complete the business plan
•
•
•
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• 3. EXHIBITS: Resolution
• 4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
• 5. FISCAL IMPACT
• Expenditure9 _ Revenue?
i Currently in the Budget? Yes X No
• If no
. Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
•
• 6. CITY COUNCIL ACTION:
• Councilmember / moves, Councilmember seconds
• to adopt Resolution No 19 creating a Center for Advanced Manufacturing and to
• conduct Phase II work on a detailed business plan for the Center.
DISCUSSION:
• ACTION:
•
• l J O r J Council Agenda
Item No 7A
•
• RESOLUTION NO.
• A RESOLUTION of the city council of the city of
Kent, Washington, relating to a proposed Center for
Advanced Manufacturing.
RECITALS
• A. The Kent City Council passed Resolution 1656 on October 7, 2003,
adopting the City's 2003-2008 Economic Development Strategic Plan. The Plan was
developed over an 18 month process, which included input from numerous
community stakeholders, including the Kent Chamber of Commerce and area business
leaders.
• B. The Economic Development Strategic Plan calls for the creation of a
• Center for Advanced Manufacturing ("CAM'S as a priority action strategy. Over
• 67,000 people are employed in manufacturing in South King County alone. Kent area
manufacturers see the need for such a center as essential to compete in the global
marketplace. Historically many small and medium sized Kent area manufacturers
have not had the resources to invest directly in innovation and research and
development.
C. The manufacturers identified three potential focuses of the CAM: 1)
• technology transfer, or developing new product ideas and delivering them to the
• marketplace; 2) a clearinghouse to locate best practices information and
• dissemination of national research; and 3) training, curriculum, and course resources
to develop skilled workers, with a focus on quality efficiency practices.
• 1 Center for Advanced Manufacturing
•
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•
•
D. The city and the Kent Chamber received more than $650,000 in grant
resources from the Federal Economic Development Administration, the State of
Washington, the city of Kent, the Port of Seattle, and the manufacturers and other s
businesses. On October 4, 2005, the Kent City Council approved a sub-grantee s
agreement with the Kent Chamber of Commerce to manage the CAM project, stating
that the use of the Kent Chamber's capabilities, knowledge, and services as a sub-
recipient of the EDA Grant, State of Washington grant, and city funds would be the •
•
best means of managing this project. •
s
E. In August 2005, the Kent Chamber of Commerce created a CAM
Advisory Group to guide the CAM process in writing a Request for Proposal, selecting s
a consultant, and recommending future steps. The Advisory Council is made up of s
manufacturers, the funders of the project, and community stakeholders.
•
F. In September 2005, the Kent Chamber of Commerce issued a •
•
Request for Proposal to evaluate the feasibility of creating a Kent-based CAM and to •
determine which existing manufacturing subsector(s) or core competency(s) or •
emerging opportunity(s) offer the greatest potential for growth and innovation over
10 to 15 years. s
•
G. In November 2005, the Kent Chamber of Commerce hired the
consultant team of Hebert Research (of Bellevue, Washington), SRI International, and
Georgia Institute of Technology to complete the feasibility analysis. •
•
•
H. From December 2005 through April 2006, the consultant team •
completed the feasibility analysis for the project. The consultant team completed six •
focus groups representing a random sampling of manufacturers located throughout
the Puget Sound Region, with a total of 54 businesses participating. Following the s
focus groups, the consultant conducted a total of 601 extensive interviews with Puget s
Sound manufacturers. In addition to the interview/focus group work, the consultant
assessed major trends, economic foundations, and key industry segments relevant to
the proposed CAM, reviewed similar centers across the United States (case studies), •
2 Center for Advanced Manufacturing •
•
•
•
•
• and completed a feasibility analysis examining whether area manufacturers would use
and support a CAM, what the ultimate impacts of the CAM would be, and whether
sufficient resources are available to establish the CAM and make it sustainable.
I. The consultant team recommends that the Kent Chamber and the city
of Kent move forward with the proposal to create a CAM and conduct Phase II work
• on a detailed business plan for the CAM. The feasibility study found that sufficient
demand was demonstrated for the CAM across the Puget Sound Region in the focus
• groups and survey. The study also concludes that there is a gap between the
manufacturing services currently being provided in the marketplace and the interests
and demands of manufacturers, particularly in the "value added" areas of innovation
and supply chain linkages, and in efforts to promote local networking and
collaborative learning. The study recommends that the CAM could fill this gap with a
range of new services that are not provided by other institutions (e.g., the
• Washington Manufacturing Services and the Washington Technology Center). The
• study recommends that the CAM should have a broad manufacturing industry base,
• while concentrating in aerospace, IT, and life science and health product
• manufacturing. Finally, the study recommends that while demand and access for the
CAM is and would be regional, that the CAM be located in Kent.
J. The consultants presented the results of the feasibility study at a joint
workshop meeting of the Kent City Council and the Kent Chamber of Commerce on
April 18, 2006.
• NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
• WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
• RESOLUTION
• SECTION I. - Recommendation, The city council directs the city of Kent and
• the Kent Chamber of Commerce to follow the recommendation of the Center for
• Advanced Manufacturing ( CAM'S Feasibility Study and to move forward with the
• 3 Center for Advanced Manufacturing
proposal to create a CAM and conduct Phase II work on a detailed business plan for
the CAM. The existing pool of grant dollars is available to complete the business plan,
and a different consultant team will be selected through a Request for Proposal to
complete this work.
SECTION 2, — Severability If any section, subsection, paragraph, sentence, •
clause or phrase of this resolution is declared unconstitutional or invalid for any •
reason, that decision shall not affect the validity of the remaining portions of this
resolution. •
SECTION 3, —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is ratified and affirmed.
SECTION 4, —Effective Date. This resolution shall take effect and be in force
immediately upon its passage. •
PASSED at a regular open public meeting by the city council of the city of Kent, •
Washington, this day of 2006.
CONCURRED in by the mayor of the city of Kent this day of
SUZETTE COOKE, MAYOR •
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
4 Center for Advanced Manufacturing
• TOM BRUBAKER, CITY ATTORNEY
• I hereby certify that this is a true and correct copy of Resolution No.
passed by the city council of the city of Kent, Washington, the day of
2006.
• BRENDA JACOBER, CITY CLERK
• p\GnIWE:9WfpHfGnterldwrcelManJdClnngAY
•
•
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•
•
• 5 Center for Advanced Manufacturing
• Kent City Council Meeting
• Date April 18, 2006
• Category Bids
1. SUBJECT: PACIFIC HIGHWAY S HOV LANES LANDSCAPING
2. SUMMARY STATEMENT: The bid opening for this project was held on April 11,
2006, with two bids received. The low bid was submitted by Buckley Nursery Co., Inc.
in the amount of$599,580.65. The Engineer's estimate was $475,167 00.E
r
3. EXHIBITS: Public Works Director's memorandum
• 4. RECOMMENDED BY: Public Works Direclor'
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
• If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
• Councilmember moves, Councilmember seconds
to authorize the Mayor to enter into an agreement with Buckley Nursery Co., Inc., in
S the amount of$599,580 65, for the Pacific Highway South HOV Lanes Landscaping
DISCUSSION:/3 aA1,CA04- 1 �
. ACTION:
• 7y-\C
Council Agenda
Item No 8A
•
•
•
• - - -
• PUBLIC WORKS DEPARTMENT
• Larry Blanchard Public Works Director
Phone 253-856-5500
• K E N T Fax 253-856-6500
• WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
•
• DATE: April 11, 2006
TO: Mayor Cooke and Kent City Council
FROM- Mark Howlett, Engineering Supervisor
• THROUGH: Larry Blanchard, Public Works Director
• SUBJECT: Pacific Highway S. HOV Lanes Landscaping
•
•
• Bid opening for this project was held on April 11, 2006 with two bids received. The low bid was
• submitted by Buckley Nursery Co., Inc in the amount of$599,580.65 The Engineer's estimate
• was $475,167.00 The Public Works Director recommends awarding this contract to Buckley
Nursery Co., Inc.
•
•
• Bid Summary
Buckley Nursery Co., Inc. $599,580 65
• Terra Dynamics, Inc $625,227.00
•
• Engineer's Estimate $475,167.00
•
•
•
•
•
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•
•
•
•
•
•
• Mayor Cooke and Kent City Council Pacific Hwy HOV Lanes Landscaping
• 1
•
•
•
•
•
• Kent City Council Meeting
• Date April 18, 2006
Category Bids
1. SUBJECT: LID 353: SOUTH 228TH STREET CORRIDOR
•
•
• 2. SUMMARY STATEMENT: The bid opening for this project was held on April 11,
• 2006, with four bids received The low bid was submitted by Scarsella Brothers Inc. in
• the amount of$5,128,001 10. The Engineer's estimate was $5,105,294.52.
•
•
•
•
•
•
•
•
. 3. EXHIBITS: Public Works Director's memorandum
• 4. RECOMMENDED BY: Public Works Director
• (Committee, Staff, Examiner, Commission, etc.)
•
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
• Currently in the Budget? Yes No
• If no:
Unbudgeted Expense: Fund Amount $
• Unbudgeted Revenue: Fund Amount $
•
• 6. CITY COUNCIL ACTION:
• Councilmember OLL MIM moves, Councilmember Lab M seconds
•
• to authorize the Mayor to enter into an agreement with Scarsella Brothers, Inc., in the
• amount of$5,128,001.10 for the South 228th Street Corridor project
• DISCUSSION: C�"1��a1
• ACTION: -;rrc
•
• Council Agenda
• Item No 8B
•
• PUBLIC WORKS DEPARTMENT
• Larry Blanchard Public Works Director
Phone 253-856-5500
K E IN T Fax 253-856-6500
• WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
• DATE: April 11, 2006
• TO: Mayor Cooke and Kent City Council
FROM: Chad Bieren, Project Design Engineer
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: LID 353 S. 2281s Corridor S 231" Way Military Rd to 64d' Ave S.
Bid opening for this project was held on April 11, 2006 with four bids received. The low bid
was submitted by Scarsella Brothers, Inc in the amount of 55,128,001 t 0 The Engmeer's
estimate was $5,105,294 52. The Public Works Director recommends awarding this contract to
Scarsella Brothers, Inc.
• Bid Summary
Scarsella Brothers, Inc. $5,128,001 10
Gary Merlino Const. Co , Inc. $5,416,789 76
Construct Co $5,507,298.34
RW Scott Const. Co. $5,562,33 L37
Engineer's Estimate $5,105,294.52
• Mayor Cooke and Kent City Council LID 353 S 228`h St Corr S 231'Way Military Rd to 64th S
1
•
•
•
•
•
• REPORTS FROM STANDING COMMITTEES AND STAFF
• A. COUNCIL PRESIDENT
•
•
•
$. MAYOR
•
•
• C. OPERATIONS COMMITTEE
•
•
•
• D. PUBLIC SAFETY COMMITTEE
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• E. PUBLIC WORKS
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F. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
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• G. PARKS AND HUMAN SERVICES COMMITTEE
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• H. ADMINISTRATIVE REPORTS
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REPORTS FROM SPECIAL COMMITTEES
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PUBLIC WORKS COMMITTEE MINUTES
• March 20, 2006
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• COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee
. Members Ron Harmon and Tim Clark. The meeting was called to order at 5:18 p.m.
• Approval of Minuted Dated March&2006
• Committee Member Hannon moved to approve the minutes of March 6, 2006. The motion was
! seconded by Clark and passed 3-0.
• Update on the Tran4portation Master Plan
. Cathy Mooney gave'a presentation to update the TMP Schedule. The main objection of the
• committee is to go where the public is(Senior Center, Chamber of Commerce, etc) and hear their
concerns. The list for the Task Force will be presented to the council on April 4, 2006 and 20
people will be asked to accept the position.
• Woodland Way PRV Protect
• Dave Brock discussed the Pressure Reducing Valve(PRV) Station and the mechanism required to
• move water from a higher pressure zone to a lower pressure zone. Asked that a Goods and
. Services Agreement with Hughes Supply in the amount of$35,414.40 including applicable sales
• tax for the construction and delivery of Woodland Way PRV Station.
! Tim Clark moved to recommend authorizing the Mayor to sign the Goods and Services
Agreement with Hughes Supply in the amount of$35,414.40 including applicable sales tax
for the construction and delivery of the Woodland Way Pressure Reducing Valve Station.
!♦ The motion was seconded by Ron Harmon and passed 3-0.
! Agreement for Award of Noncompetitive Grant, Green-Duwamish-CPS Watershed Forum
• (WRIA 9), King Conservalign District Number 9. for Riparlan Restoration at the
• Confluence of the Green River and Mill Creek
• Mike Mactutis explained that the Mill Creek Confluence/Green River Restoration project is a
comprehensive riparian and aquatic restoration project for fish and wildlife habitat along both
sides of Mill Creek Auburn at the confluence of the Green River as well as along the Green River.
! This noncompetitive Grant with the King Conservation District (KCD) in the amount of$70,000
would establish a budget for the funds to be spent within the Mill Creek Confluence/Green River
Restoration project.
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. Tim Clark moved to recommend authorizing the Mayor to sign the Agreement for Award of
Noncompetitive Grant with the King Conservation District(KCD)in the amount of$70,000,
• direct staff to accept the grant and establish a budget for the funds to be spent within the
• Mill Creek Confluence/Green River Restoration project.. The motion was seconded by Ron
. Harmon and passed 3-0.
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Interagency Committee for Outdoor Recreation UACYSalmon Recovery Funding Board
(SRFB). Project Funding Agreement for Mill Creek Confluence/Green River Restoration •
Study .
Mike Mactutis gave a brief presentation regarding the Mill Creek Confluence/Green River
Restoration Project is, for the creation of side channels and an overwmtering pond to increase S
access to floodplain habitat for Chinook salmon and other salmonids and to restore floodplain .
functions. The objective of the study is to determine feasibility of creating or reconnecting off-
channel habitat.
Tim Clark moved to recommend authorizing the Mayor to sign the Salmon Project Funding •
Agreement with the Salmon Recovery Funding Board in the amount of$100,00, direct staff
to accept the grant and establish a budget for the funds to be spent within the Mill Creek
Confluence/Green River Restoration Study project. The motion was seconded by Ron
Harmon and passed 3-0. .
North Park Traffic and Other Concerns
Larry Blanchard gave an informational update on the outstanding concerns on issues regarding
North Park. No action would be taken as this was information only. •
Interlocal Agreement to establish South County Area Transportation Board(SCATBd)
Steve Mullen discussed and explained that the SCATBd has functioned as a forum for dealing
with transportation issues without a formal agreement because the organization reached .
agreement by consensus, and there were no recurring cost obligations to be shared among
members. In order to be able to respond to such needs in a more timely fashion, the members a
decided that a more formal agreement, including dues,would be appropriate.
Tim Clark moved to authorize the Mayor to execute an Interlocal Agreement with the Cities
of: Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal
Way, Maple Valley, Milton, Normandy park, Pacific, Renton, SeaTac, and Tukwila; King
County; the Puget Sound Regional Council, hereafter called "the PSRC"; Central Puget
Sound Regional Transit Authority, hereafter called "sound Transit"; the Transportation
Improvement Board, hereafter called "TIB"; Port of Seattle; Pierce Transit; the •
Muckleshoot Tribe; and the Washington State Department of Transportation, hereafter •
called "WSDOT",to form the South County Area Transportation Board(SCATBd) to serve
as the central forum for transportation issues in South County to include funding and •
voting mechanisms. The motion was seconded by Ron Harmon and passed 3-0. .
Adiouraed:
The meeting was adjourned at 5:52 p.m.
Next Meeting Scheduled for
The next meeting is scheduled for Monday,April 3,2006 at 5:00 p.m.
Beth Peterson
Administrative Secretary
PW Engineering •
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