HomeMy WebLinkAboutPW1997-0237 - Original - La Pianta Limited Partnership - S 200th Street Green River Bridge Modification Agreement - 04/30/1997 SOUTH 2O0TH STREET GREEN RIVER BRIDGE WEST
APPROACH PRELOAD RIGHT OF WAY AND PROJECT
MODIFICATION AGREEMENT
(LA PIANTA LIMITED PARTNERSHIP)
THIS AGREEMENT is entered into between THE CITY OF KENT, a
Washington municipal corporation ("City"), and LA PIANTA LIMITED
PARTNERSHIP, a Washington limited partnership ("La Pianta").
RECITALS
WHEREAS, the City is preparing to construct the South 200th Street Green
River Bridge as part of the City's "South 196th/200th Street Corridor-West Leg"
project (the "Project"); and
WHEREAS, La Pianta is the owner of certain real property that adjoins the
Project site; and
WHEREAS, the City desires to obtain part of La Pianta's property to construct
its Project; and
WHEREAS, the City has the power of eminent domain and could acquire the
property through the exercise of that power; and
WHEREAS, La Pianta has requested the City to modify the Project to
accommodate future development plans for La Pianta's properties; and
WHEREAS, the City has agreed to construct these modifications on the
condition that La Pianta grant certain deeds and easements that are necessary to
construct the Project, as modified, where it adjoins La Pianta's property; and
WHEREAS, La Pianta has agreed to grant the deeds and easements requested
by the City to construct the Project, as modified, in lieu of condemnation, so long as
that grant is conditioned on the City's performance of all requested and agreed upon
modifications.
NOW, THEREFORE, the parties agree as follows:
APPROACH PRELOAD RIGHT OF WAY AND PROJECT MODIFICATION AGREEMENT PAGE I
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AGREEMENT
CITY'S OBLIGATIONS:
1. The City shall replace the existing eighteen inch (18") drainage culvert
under South 200th Street at station 17+25 with an approximately sixty inch (60")rise
by seventy inch (70") span arched pipe. The flow line of the new pipe shall be at or
below elevation 13.0. However, if the City is required to install any material in the
pipe, then the top elevation of that material shall be at or below elevation 13.0 and
shall be deemed the flow line.
2. The City shall construct the new South 200th Street/Frager Road
intersection to allow for future widening of Frager Road on the north side with sixty
foot (60') curb radii. The City shall construct the south side of the intersection to
allow for the same future expansion. The limits of curb and gutter construction shall
be forty-five feet (45') from the new South 200th Street centerline on the north and
from the back of the sidewalk on the south.
3. The City shall install six steel pipe casings running north and south
under the new South 200th Street/Frager Road intersection with the following
diameter dimensions:
(a) #1--twenty-four inch (24") inside diameter;
(b) #1--eighteen inch (18") inside diameter; and
(c) #4--twelve inch (12") inside diameter.
The City will provide these casings so that La Pianta may use them for future utility
pipes. Additionally, the City shall locate these casings so as to avoid storm drain and
other utility improvements currently existing on the site or planned for construction as
part of the Project, and to allow a continuation without interruption of the City of
Tukwila gravity flow sanitary sewer line through a line placed in the twenty-four inch
("24") casing.
4. The City shall construct the South 200th Street roadway at
elevation 30.0 at its lowest point, which shall be the gutter line, which is eight feet
above the 100 year flood elevation established by FEMA.
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5. The City shall move the intersection of 57th Avenue/Frager Road west
to a point approximately 850 feet west of the bank of the Green River floodway as
shown on the map attached to this Agreement as Exhibit E.
6. The City shall construct a left-turn pocket for westbound South 200th
Street traffic to access the proposed southerly extension of 57th Avenue/Frager Road.
The east end of the beginning of the taper for this left-turn pocket will commence
approximately at the west edge of the planned Green River bridge and shall be
approximately 470 feet long.
7. The City shall construct a left-turn pocket for eastbound South 200th
Street traffic to access the proposed northerly extension of 57th/Frager Road. The
west end of the beginning of the taper for this left-turn pocket will commence
approximately at the west edge of La Pianta's property boundary.
LA PIANTA'S OBLIGATIONS:
8. La Pianta shall grant the deeds and easements attached as Exhibits A, B,
C and D and that are required by the City for construction of the project west of the
Green River. However, La Pianta shall retain a power of termination in all deeds and
easements should the City fail to fulfill its obligations in this agreement. Each deed
and easement shall be executed by the appropriate person with authority to execute
the document no later than the effective date of this agreement; otherwise, this
agreement shall have no effect and shall not bind any parties until all deeds,
easements, and this agreement are appropriately signed.
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9. The basis for the City's cost estimate to accomplish the project
modifications listed in items 1 through 7 is the City's low bid price for gravel borrow,
including haul, that it received on its "South 200th Street Green River Bridge West
Approach Preload" contract (bid item # 1010), which price was bid at Five and 20/100
dollars ($5.20) per ton. Once it obtains all necessary right-of-way and attendant
project permits, the City intends to bid the South 200th Street roadway embankment
fill referenced in Section 4 of this agreement in the 1998 or 1999 construction
seasons. Should the bids for this item on that project be higher than the $5.20 per ton,
including haul, used in this estimate (as adjusted for inflation based on Seattle area
Consumer Price Index--All Urban Consumers), La Pianta agrees to reimburse the City
the difference between the actual bid price and the adjusted $5.20 bid price, up to a
maximum of eighty cents per ton, for a quantity up to fifty-two thousand (52,000)
tons. However, in no event shall the total reimbursement amount exceed $41,600.00.
La Pianta shall pay the City the total amount owed on account of this bid price
difference, if any, after the City receives bids on that project, but before the City
awards the project contract (typically a time period of two to five business days).
REMEDIES:
10. La Pianta's right of re-entry and powers of termination under the above-
referenced deeds and easements, shall constitute La Pianta's sole remedy for the City's
breach of this agreement.
11. The City's sole remedy for La Pianta's breach of this agreement shall be
a full, unqualified release from all of its obligations under this agreement.
MISCELLANEOUS:
12. Nonwaiver of Breach. The failure of either party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option
herein conferred in one or more instances, shall not be construed to be a waiver or
relinquishment of those terms and rights and they shall remain in full force and effect.
13. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between
the City and La Pianta under any of the provisions of this agreement, resolution of
that dispute shall be available only through the jurisdiction, venue and rules of the
Kent branch of the King County Superior Court, Kent, King County, Washington.
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14. Attorneys Fees. In any claim or lawsuit for damages arising from the
parties' performance of this agreement, each party shall be responsible for payment of
its own legal costs and attorney's fees incurred in defending or bringing such claim or
lawsuit.
15. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed below the signatures on this agreement,
unless otherwise notified. Any written notice shall become effective upon delivery,
but in any event three (3) calendar days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the
address stated in this agreement.
16. Assignment. Neither party may assign this agreement without first
obtaining written consent to the assignment by the party not requesting the
assignment.
17. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and La Pianta.
18. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect
the validity of the remaining portion of this agreement and the remainder shall remain
in full force and effect.
19. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any
representative of the City or La Pianta, and those statements shall not be construed as
forming a part of or altering in any manner this agreement.
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IN WITNESS WHEREOF, the parties below have executed this agreement.
LA PIANTA PIANTA LIMITED THE CITY OF KENT
PARTNERSHIP
By Metro Land Development, Inc.,
a Washington corporation, Nam . J l M, W 1 1
its General Partner Titl /M�"yQ t2--
Date: =
M. A. Segale, President
Date:
Notices to be sent to: Notices to be sent to:
La Pianta Limited Partnership The City of Kent
P.O. Box 88050 ATTN: Public Works Director
Tukwila, WA 98138 220 Fourth Avenue South
Attn: M. A. Segale and Ann J. Nichols Kent, Washington 98032
206/859-3340
APPROVED AS TO FORM: ATTEST:
Kent City Attorney,AS`T Kent City Clerk /
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EXHIBIT A
WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: La Pianta Limited Partnership, a Washington Limited Partnership
Grantee: City of Kent
Abbreviated Legal Description: Ptn. of Govt. Lot 8 in 2-22-4 and Ptn. in NE of SE
in 3-22-4
Additional Legal Description on pages three (3) through five (5) of Document.
Assessor's Tax Parcel ID No. 022204-9015-02
QUIT CLAIM DEED
La Pianta Limited Partnership, a Washington limited partnership ("Grantor"),
for and in consideration of Ten Dollars and other valuable consideration, in hand paid,
receipt of which Grantor acknowledges, conveys, and quit claims to the City of Kent,
a Washington Municipal Corporation ("Grantee"), all its interest in the following
described real property parcels, situated in King County, Washington:
SEE EXHIBITS "A" AND "B" ATTACHED
Grantor grants the properties described in Exhibits A and B on the condition
that the Grantee fulfills all of its obligations included in the "SOUTH 2O0TH
STREET GREEN RIVER BRIDGE WEST APPROACH PRELOAD RIGHT OF
WAY AND PROJECT MODIFICATION AGREEMENT (LA PIANTA LIMITED
PARTNERSHIP)" (the "Agreement"), which was executed between Grantor and
Grantee on , 1997, but if Grantee fails to fully comply with all of
its obligations under the Agreement prior to January 1, 2001, then Grantor may
reenter and repossess the properties described in Exhibits A and B. Grantor intends
QUIT CLAIM DEED PAGE 1
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that this document convey to the Grantee a fee on a condition subsequent, reserving a
power of termination in the Grantor.
Grantor:
LA PIANTA LIMITED PARTNERSHIP
By: Metro Land Development, Inc.,
a Washington corporation
its General Partner
M. A. Segale, President
Date:
QUrr CLAIM DEED PAGE 2
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STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day of , 1996, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared M. A. Segale, to me known to be the person who signed as
President of Metro Land Development, Inc., the corporation acting as general partner
of LA PIANTA LIMITED PARTNERSHIP the limited partnership that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Metro Land Development, Inc. as general partner and of LA
PIANTA LIMITED PARTNERSHIP for the uses and purposes therein mentioned;
and on oath stated that he was duly elected, qualified and acting as said officer of the
corporation and that he was authorized to execute the said instrument on behalf of
Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of
the corporation, and that the corporation was authorized to execute said instrument on
behalf of LA PIANTA LIMITED PARTNERSHIP.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
QUIT CLAIM DEED PAGE 3
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EXHIBIT "A"
i553Z3'/5
ROAD RIGHT OF WAY
Commencing at the East 1/4 corner of said Section 3;
Thence South 01,30'09" East along the East line thereof 22.80 feet to its intersection with
the South margin of South 200th Street and the POINT OF BEGINNING;
Thence South 89054'37" West along said South margin 154.96 feet to a point on a non-
tangent curve from which the radial center bears South 03°23'10" West 6,958.00 feet;
Thence Easterly along the are of said curve concave to the southwest 356.02 feet;
Thence South 83°40,56,, East 293.75 feet;
Thence South 79024'40" East 362.16 feet;
Thence South 76033,191, East 132.48 feet;
Thence North 88°34'09" East 221.96 feet to an intersection with the Westerly margin of
Frager Road and a point on a non-tangent curve from which the radial center bears South
75*20,18" West 480.87 feet;
Thence Northerly along the arc of said curve concave to the Southwest (Westerly margin
of Frager Road) 45.39 feet;
Thence continuing along said Westerly margin North 20004,121, West 39.16 feet to a point
on a curve from which the radial center bears South 69055,481, West 778.51 feet;
Thence Northerly along the arc of said curve concave to the Southwest (Westerly margin
of Frager Road) 64.83 feet to its intersection with the South margin of said South 200th
Street;
Thence North 891,16,32" West along said South margin 1,146.79 feet to its intersection with
the East line of said Section 3 and the POINT OF BEGINNING. EXCEPTING from the
above described Parcel those portions thereof condemned under King County Superior
Court Cause No. 47302 for drainage ditches by the Board of Commissioners of Drainage
District No. 2 of King County, Washington. Containing 93,120 square feet (2.14 acres)
more or less.
17-XHIBIT.,�
April 17. 1997
EXHIBIT 'B'
/55 323 -/5
ROAD RIGHT OF WAY
Commencing at the Northeast corner of the NW 1/4 of the SW 1/4 of said Section 2;
Thence South 0006,26" East 22.80 feet along the East line of the said NW 1/4 to its
intersection with the South margin of South 200th Street and the POINT OF BEGINNING;
Thence North 89016,321, West along said South margin 91.95 feet to its intersection with
the Easterly margin of Frager Road and a point on a non-tangent curve from which the
radial center bears South 67°41'14" West 858.51 feet;
Thence Southeasterly along the arc of said curve concave to the Southwest (Easterly margin
of Frager Road) 33.61 feet;
Thence continuing along said Easterly margin South 20°04'12" East 21.26 feet to a point
on a non-tangent curve from which the radial center bears North 17054'05" West 967.50
feet;
Thence Northeasterly along the arc of said curve concave to the Northwest 121.39 feet more
or less to the intersection with the line of Ordinary High Water on the West bank of the
Green River;
Thence Northerly along said line of Ordinary High Water 5.34 feet more or less to its
intersection with the South margin of South 200th Street;
Thence North 89016,32, West along said South margin 39.14 feet more or less to its
intersection with the East line of the NW 1/4 of the SW 1/4 of said Section 2 and the
POINT OF BEGINNING.
Containing 3,810 square feet more or less.
F'XHIBIT.L
April 17.1997
EXHIBIT B
WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: La Pianta Limited Partnership, a Washington Limited Partnership
Grantee: City of Kent
Abbreviated Legal Description: Ptn. of Govt. Lot 8 in 2-22-4 and Ptn. in NE of SE
in 3-22-4
Additional Legal Description on page three (3) of Document.
Assessor's Tax Parcel ID No. 022204-9015-02
PUBLIC RIGHT-OF-WAY EASEMENT
La Pianta Limited Partnership, a Washington limited partnership ("Grantor"),
for and in consideration of Ten Dollars and other valuable consideration, in hand paid,
receipt of which Grantor acknowledges, conveys and quit claims to the City of Kent, a
Washington Municipal Corporation ("Grantee"), and its successors and assigns, the
perpetual right, permit, license and easement for the purpose of constructing,
operating, maintaining, improving, altering, reconstructing and repairing a public
right-of-way cul-de-sac termination of Frager Road just north of South 200th Street
over, under, through, across and upon the following described real property parcels,
situated in King County, Washington:
SEE EXHIBIT "A" ATTACHED
Grantee shall at all times exercise its rights under this easement in accordance
with the requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee accepts the easement area in its present
physical condition, AS IS. Grantee does hereby release, indemnify and promise to
PUBLIC RIGHT-OF-WAY EASEMENT PAGE 1
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defend and save harmless Grantor from and against any and all liability, loss, damage,
expense, actions and claims, including costs and reasonable attorneys' fees incurred by
Grantor in connection therewith, arising directly or indirectly on account of or out of
the exercise by Grantee, its servants, agents, employees and contractors of the rights
granted in this easement.
Grantor grants this Public Right-of-Way Easement on the condition that the
Grantee fulfills all of its obligations included in the "SOUTH 200TH STREET
GREEN RIVER BRIDGE WEST APPROACH PRELOAD RIGHT OF WAY AND
PROJECT MODIFICATION AGREEMENT (LA PIANTA LIMITED
PARTNERSHIP)" (the "Agreement"), which was executed between Grantor and
Grantee on , 1997, but if Grantee fails to fully comply with all of
its obligations under the Agreement prior to January 1, 2001, then Grantor may
reenter and repossess the properties described in Exhibit A. Grantor intends that this
document convey to the Grantee an easement subject to a condition subsequent,
reserving a power of termination in the Grantor.
This Public Right-of-Way Easement shall be a covenant running with the land,
and shall bind Grantor's successors and assigns and all future owners of the real
property affected by this easement.
Grantor:
LA PIANTA LIMITED PARTNERSHIP
By: Metro Land Development, Inc.,
a Washington corporation
its General Partner
M. A. Segale, President
Date:
PUBLIC RIGHT-OF-WAY EASEMENT PAGE 2
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STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 1996, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared M. A. Segale, to me known to be the person who signed as
President of Metro Land Development, Inc., the corporation acting as general partner
of LA PIANTA LIMITED PARTNERSHIP the limited partnership that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Metro Land Development, Inc. as general partner and of LA
PIANTA LIMITED PARTNERSHIP for the uses and purposes therein mentioned;
and on oath stated that he was duly elected, qualified and acting as said officer of the
corporation and that he was authorized to execute the said instrument on behalf of
Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of
the corporation, and that the corporation was authorized to execute said instrument on
behalf of LA PIANTA LIMITED PARTNERSHIP.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
PUBLIC RIGHT-OF-WAY EASEMENT PAGE 3
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ExHiBTT ,A'
/553Z3/5
ROAD RIGHT OF WAY
Commencing at the Southwest corner of the Northwest 1/4 of the Southwest 1/4 of Section
2, Township 22 North, Range 4 East, W.M.;
Thence North 0°30'09" West a distance of 40.00 feet along the West boundary of said
Northwest 1/4 to the North margin of South 204th Street;
Thence South 89019'45" East along said North margin a distance of 670.23 feet to the
POINT OF BEGINNING;
Thence continuing South 890 19'45" East a distance of 55.00 feet to the intersection with
the west margin of Frager Road;
Thence along said west margin North 20°17'00" East a distance of 55.39 feet to a tangent
curve to the right;
Thence along said curve having a radius of 740.00 feet and a central angle of 4055'45" an
arc distance of 63.66 feet;
Thence North 89019'45" West 57.91 feet;
Thence South 20017'00" West 118.00 feet to the POINT OF BEGINNING. Containing
6,170 square feet more or less.
EXHIBIT.
April 17.1"7
EXHIBIT C
WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: La Pianta Limited Partnership, a Washington Limited Partnership
Grantee: City of Kent
Abbreviated Legal Description: Ptn. of Govt. Lot 8 in 2-22-4 and Ptn. in NE of SE
in 3-22-4
Additional Legal Description on page three (3) of Document.
Assessor's Tax Parcel ID No. 022204-9015-02
SLOPE EASEMENT
La Pianta Limited Partnership, a Washington limited partnership ("Grantor"),
for and in consideration of Ten Dollars and other valuable consideration, in hand paid,
receipt of which Grantor acknowledges, conveys and quit claims to the City of Kent, a
Washington Municipal Corporation ("Grantee"), and its successors and assigns, the
perpetual right, permit, license and easement for the purpose of constructing and
maintaining public right-of-way slopes in excavation and/or embankment over, under,
through, across and upon the following described real property, situated in King
County, Washington:
SEE EXHIBIT "A" ATTACHED
However, in the event that Grantor, its heirs, successors or assigns, excavate
and/or place an embankment upon all or any part of the area covered by this Slope
SLOPE EASEMENT PAGE 1
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Easement, then this easement shall cease and terminate as to that portion of the area
described on EXHIBIT A that is covered by that embankment.
Grantee shall at all times exercise its rights under this easement in accordance
with the requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee accepts the easement area in its present
physical condition, AS IS. Grantee does hereby release, indemnify and promise to
defend and save harmless Grantor from and against any and all liability, loss, damage,
expense, actions and claims, including costs and reasonable attorneys' fees incurred by
Grantor in connection therewith, arising directly or indirectly on account of or out of
the exercise by Grantee, its servants, agents, employees and contractors of the rights
granted in this easement.
Grantor grants this Slope Easement on the condition that the Grantee fulfills all
of its obligations included in the "SOUTH 2O0TH STREET GREEN RIVER BRIDGE
WEST APPROACH PRELOAD RIGHT OF WAY AND PROJECT
MODIFICATION AGREEMENT (LA PIANTA LIMITED PARTNERSHIP)" (the
"Agreement") which was executed between Grantor and Grantee on
, 1997, but if Grantee fails to fully comply with all of its
obligations under the Agreement prior to January 1, 2001, then Grantor may terminate
this Slope Easement by written notice to the City of Kent, 200 Fourth Avenue South,
Kent, Washington 98032, Attn: Public Works Director.
This Slope Easement shall be a covenant running with the land, and shall bind
Grantor's successors and assigns and all future owners of the real property affected by
this easement.
Grantor:
LA PIANTA LIMITED PARTNERSHIP
By: Metro Land Development, Inc.,
a Washington corporation
its General Partner
M. A. Segale, President
Date:
SLOPE EASEMENT PAGE 2
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STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 1996, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared M. A. Segale, to me known to be the person who signed as
President of Metro Land Development, Inc., the corporation acting as general partner
of LA PIANTA LIMITED PARTNERSHIP the limited partnership that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Metro Land Development, Inc. as general partner and of LA
PIANTA LIMITED PARTNERSHIP for the uses and purposes therein mentioned;
and on oath stated that he was duly elected, qualified and acting as said officer of the
corporation and that he was authorized to execute the said instrument on behalf of
Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of
the corporation, and that the corporation was authorized to execute said instrument on
behalf of LA PIANTA LIMITED PARTNERSHIP.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
SLAKE EASEMENT PAGE 3
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. . . . ..........
EXHIBIT 'A'
155 3Z3 -/5
SLOPE EASEMENT
That portion of said Sections 2 and 3 included within the limits of a strip of land 65 feet in
width the Northerly margin of which is described as follows:
Commencing at the East 1/4 corner of said Section 3;
Thence South 89054,37, West along the East-West centerline of said Section 711.92 feet;
Thence North 0052,391, West 32.00 feet to the POINT OF BEGINNING;
Thence North 89054,371, East 135.70 feet to a point on a curve from which the radial center
bears South 0005,23, East 7000.00 feet;
Thence Easterly along the arc of said curve concave to the South 782.83 feet;
Thence South 83040,56' East 654.88 feet to the TERMINUS of said margin description.
EXCEPTING from the above described Parcel those portions thereof condemned under
King County Superior Court Cause No. 47302 for drainage ditches by the Board of
Commissioners of Drainage District No. 2 of King County, Washington. Containing
25,462 square feet more or less.
EXHIBIT
April 17.1997
EXHIBIT D
WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: La Pianta Limited Partnership, a Washington Limited Partnership
Grantee: City of Kent
Abbreviated Legal Description: Ptn. of Govt. Lot 8 in 2-22-4 and Ptn. in NE of SE
in 3-22-4
Additional Legal Description on page four (4) of Document.
Assessor's Tax Parcel ID No. 022204-9015-02
TEMPORARY CONSTRUCTION EASEMENT
La Pianta Limited Partnership, a Washington limited partnership ("Grantor"),
for and in consideration of Ten Dollars and other valuable consideration, in hand paid,
receipt of which Grantor acknowledges, conveys and quit claims to the City of Kent, a
Washington Municipal Corporation ("Grantee"), a temporary right-of-way or
easement to be used only during construction of a public right-of-way, generally
known as the South 196th/200th Street Corridor, over, under, through, across and
upon the following described real property parcels, situated in King County,
Washington:
SEE EXHIBITS "A" THROUGH "D" ATTACHED
This Temporary Construction Easement shall remain in force until the City's
South 196th/200th Street Corridor-West Leg construction project, including all
necessary appurtenances, has been accepted for maintenance and operation by the
City of Kent or until January 1, 2001, whichever occurs first. Grantee shall have the
right, without prior institution of any suit or proceeding at law, at those times as may
be necessary, to enter upon the above-described properties for the purpose of
constructing the South 196th/200th Street Corridor-West Leg project, including all
TEMPORARY CONSTRUCTION EASEMENT PAGE 1
[24267-OW2/SB971110.273]2+ 4/22/97
necessary appurtenances, and, with respect to the parcel of land described on
EXHIBIT D, to excavate and recontour as required for river flow capacity in
connection with the project, without incurring any legal obligation or liability;
provided, however, that Grantee shall complete this roadway corridor construction in
such a manner that the existing improvements and land contours existing in the right-
of-way shall not be disturbed or destroyed or, in the event that they are disturbed or
destroyed, Grantee will replace all improvements in as good a condition as they were
immediately before the property was entered upon by the Grantee and, at Grantor's
request, except with respect to the parcel of land described on EXHIBIT D, shall
restore all land contours to the contours existing immediately before Grantor entered
the property.
Grantee shall at all times exercise its rights under this easement in accordance
with the requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee accepts the easement area in its present
physical condition, AS IS. Grantee does hereby release, indemnify and promise to
defend and save harmless Grantor from and against any and all liability, loss, damage,
expense, actions and claims, including costs and reasonable attorneys' fees incurred by
Grantor in connection therewith, arising directly or indirectly on account of or out of
the exercise by Grantee, its servants, agents, employees and contractors of the rights
granted in this easement.
This Storm Drainage Easement shall be a covenant running with the land and
shall bind Grantor's successors and assigns and all future owners of the real properties
affected by this easement until Grantee accepts the South 196th/200th Street Corridor-
West Leg construction project as final and complete and assumes responsibility for
maintenance and operation of the roadway corridor or until January 1, 2001,
whichever occurs first.
Grantor:
LA PIANTA LIMITED PARTNERSHIP
By: Metro Land Development, Inc.,
a Washington corporation
its General Partner
M. A. Segale, President
Date:
TEMPORARY CONSTRUCTION EASEMENT PAGE 2
(24267.g002/SB971110.27313+ 4/22/97
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day of , 1996, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared M. A. Segale, to me known to be the person who signed as
President of Metro Land Development, Inc., the corporation acting as general partner
of LA PIANTA LIMITED PARTNERSHIP the limited partnership that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Metro Land Development, Inc. as general partner and of LA
PIANTA LIMITED PARTNERSHIP for the uses and purposes therein mentioned;
and on oath stated that he was duly elected, qualified and acting as said officer of the
corporation and that he was authorized to execute the said instrument on behalf of
Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of
the corporation, and that the corporation was authorized to execute said instrument on
behalf of LA PIANTA LIMITED PARTNERSHIP.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
TEMPORARY CONSTRUCTION EASEMENT PAGE 3
[24267-0002/SB971110.273J2+ 4/22/97
EXHIBIT 'A'
/5532�-15
TEMPORARY CONSTRUCTION EASEMENT
That portion of said Section 2 and 3 included within the limits of a strip of land 10 feet in
width the Northerly margin of which is 65.00 feet Southerly of and parallel with the
following described line.
Commencing at the East 1/4 corner of said Section 3;
Thence South 89054'37' West along the East-West centerline of said Section 711.92 feet;
Thence North 0052139' West 32.00 feet to the POINT OF BEGINNING;
Thence North 89054'37' East 135.70 feet to a point on a curve from which the radial center
bears South 0005123" East 7000.00 feet;
Thence Easterly along the are of said curve concave to the South 782.83 feet;
Thence South 83040156" East 705.00 feet to the TERNIINUS of said margin description.
EXCEPTING from the above described Parcel those portions thereof condemned under
King County Superior Court Cause No. 47302 for drainage ditches by the Board of
Commissioners of Drainage District No. 2 of King County, Washington. Containing
15,480 square feet more or less.
EXHIBIT..
April 17.1"7
EXHIBIT 'B'
/55323-/5
TEMPORARY CONSTRUCTION EASEMENT
Commencing at the NE corner of the NW 1/4 of the SW 1/4 of Section 2, Township 22
North, Range 4 East, W.M.;
Thence South 0006'26• East along the East line thereof 307.35 feet;
Thence South 88034,09, West 113.34 feet to an intersection with the Westerly margin of
Frager Road and the POINT OF BEGINNING;
Thence continuing South 88034'09• West 150.15 feet;
Thence North 1025,53, West 140.00 feet;
Thence South 88034109• West 84.55 feet;
Thence North 76033,19, West 165.18 feet;
Thence South 831,40,561, East 80.60 feet;
Thence South 76033'19' East 83.89 feet;
Thence North 881,34,091, East 221.96 feet to an intersection with the Westerly margin of
Frager Road and a point on a non-tangent curve from which the radial center bears South
751,20,181, West 480.87 feet;
Thence Southeasterly along the arc of said curve concave to the West (Westerly margin
Frager Road) 132.96 feet;
Thence South 1010,481, West 18.06 feet to the POINT OF BEGINNING. Containing
24,320 square feet more or less.
April 17,1997
EXHIBIT 'C'
/553Z3-/5
TEMPORARY CONSTRUCTION EASEMENT
The North 350 feet of that portion of the North 1/2 of the SW 1/4 of said Section 2 lying
Easterly of the Easterly margin of Frager Road and lying Westerly of the line of Ordinary
High Water on the West bank of the Green River.
EXCEPT that portion thereof included within the following described parcel:
Commencing at the Northeast corner of the NW 1/4 of the SW 1/4 of said Section 2;
Thence North 89°16'32" West along the North line thereof 48.78 feet;
Thence South 14°25'58" East 61.95 feet to the POINT OF BEGINNING;
Thence continuing South 14025'58" East 252.14 feet;
Thence North 75°34'02" East 28.45 feet more or less to an intersection with the line of
Ordinary High Water on the West bank of the Green River;
Thence Northerly along said line of Ordinary High Water 269.73 feet more or less to its
intersection with a non-tangent curve from which the radial center bears North 25°05'24"
West 967.50 feet;
Thence Southwesterly along the arc of said curve concave to the Northwest 79.98 feet more
or less to the POINT OF BEGINNING. Containing 14,579 square feet more or less.
EXHIBIT.SL
April 17.1997
EXi•IIBIT "D"
/55 3Z3-/5
TEMPoRAM as ION ZASDOU
Commencing at the Northeast corner of the NW 1/4 of the SW 1/4 of said Section 2;
Thence North 89016'32" West along the North line thereof 48.78 feet;
Thence South 14025'58" East 61.95 feet to the POINT OF BEGINNING;
Thence continuing South 14025'58" East 252.14 feet;
Thence North 75034'02" East 28.45 feet more or less to an intersection with the line of
Ordinary High Water on the West bank of the Green River;
Thence Northerly along said line of Ordinary High Water 269.73 feet more or less to its
intersection with a non-tangent curve from which the radial center bears North 25°05'24"
West 967.50 feet;
Thence Southwesterly along the arc of said curve concave to the Northwest 79.98 feet more
or less to the POINT OF BEGINNING. Containing 15,689 square feet more or less.
EXHIBIT D
April 17.1997
EXHIBIT E
The intersection of 57th Ave./
Frager Road with South 200th
ROCIMALL INDUSTRIE, St- shall be at Station 24.00. E:k."B
PARCEL NO. 5
T/TL ENO. 155313
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NEW R04DWAY EASEMENT
TOTAL=44,3/7 SJ.FT
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O /T H / E464 �4,65/� 72
'7ON LINE /326.63, FROM //4 COR, r0 ///6 COR. T ( rY) N B •/ 'f " W A SR. R S. !
�jp / /326.47' FROM //4 COR. TO ///6 cOR. (ASSR•)
GL�ti(ST -
s /s4 . - - -
4056"
RC'EL NO./6 _ n''�4�
.. NEW R/W ARE4 595 SO. FT. (Cl y
LA RANr,, "A TOTAL PARCEL M0 /5
?'A _ - NOW R/W AREA
�r TI�TAL fkRCEL NO. /5 ^���. �}jj
SLOP' EASEMENT
AREA s P3,462 $O FT 93.73 (cirr/
4-"ri0 SIePE Erx.r E,:
i
TOTAL AORCEL NO. /6 ��...�_ - •:': +n- •:-���
AREASWOOF EASEMENT .r _ �.��`" +-�"
AREA 4g/ S0. FTC �'AAC Et NO /3 •. _ 1
/O 7EJIR?Vawr ...�,�y
-
ARE4'"Woo A7 FT.
Detail from City of Kent Engineering Dept.
Orillia Rd./S. 200th St. Widening
Project No. 91-3024
Preliminary, April 16, 1997
Sheet 4 of 9
a r.c
LA PIANTA L/M/TED PARTNERSH/P
PARCEL NO. /5
TITLE NO. 155323 R
corm r r
R/OR COURT