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Home My WebLink AboutPW1997-0238 - Original - Colton R. & Maryann Melby - Access Release & Hold Harmless - 09/08/1997 i t0 Npp d ijm(6QW+ wo BRENDA JACOBER, CITY CLERK CITY OF KENT 220 - 4th Avenue South Kent WA 98032-5894 (206) 859-3300 Grantor(s): 1. Colton R. Melby R, 2. Maryann Melby CC 3• Ll� � Grantee(s): on 1. City of Kent 2. C' 3. C? Legal Description: 1. Abbreviated form: 2. Additional legal description is on page 5 of document. Assessor's Property Tax Parcel Account Number(s): #062205-9158-04 ACCESS RELEASE AND HOLD-HARMLESS AGREEMENT This Access Agreement is entered into by and between the City of Kent, a Municipal Corporation, ("the City") and Colton R. Melby and Maryann Melby, husband and wife, (collectively "Melby"), as of the latest date of execution by all signatories set forth below. RECITALS WHEREAS,Melby is the owner of 2.83 acres,more or less,of property located east of 92nd Avenue South and South 204th Street, commonly known as 20406 - 96th Avenue South, Kent, Washington("the Property"), and legally described on Exhibit A, attached hereto and incorporated herein by this reference as if fully set forth; and WHEREAS, on May 14, 1997, Melby submitted an application to the City for a building permit, for the construction of a single family residence on the property; and WHEREAS, the SEPA threshold determination requires the applicant to provide adequate access for emergency response vehicles and emergency personnel; and WHEREAS, after reviewing the building permit application, the Kent Fire Department determined that vehicle access to the site does not comply with City standards for access for emergency fire suppression, emergency medical services, or emergency police service ("emergency services"); and WHEREAS,the proposed residence's vehicle access at one point along the driveway exceeds a gradient of nineteen percent(19%)which may negatively impact emergency response vehicles and emergency services; and WHEREAS,the proposed emergency vehicle access to the site may result in slower response times to this site which may negatively impact the outcome of emergency services; and response times are an essential component of the level of emergency services provided;NOW,THEREFORE, the parties agree as set forth below: AGREEMENT C 1. The recitals set forth above are incorporated herein. G� 2. Melby agrees that the City makes and has not made any representations regarding response time to the Melby residence. 3. Melby agrees to make a good faith effort to obtain an emergency access easement from the C; neighbor on 94th Avenue South for ingress and egress for emergency vehicle and emergency services by October 31, 1997. 4. Melby agrees that the City makes and has not made any representations regarding response time for emergency vehicle or emergency services response time to the site through the easement. 5. Melby agrees to release, hold-harmless, and indemnify the City from any claim of a special relationship between the City and Melby. 6. Melby agrees to release, hold-harmless, and indemnify the City from any claim for negligence based on the City's inability or difficulty in gaining emergency vehicle or emergency services access through the Melby residence's driveway. 7. The parties acknowledge that no other person or entity, nor agent or attorney or any person or entity,has made any promise, representation, or warranty whatsoever, express or implied, not contained in this agreement concerning the subject matter hereof, to induce the parties to execute this agreement. 2 8. The parties further acknowledge that they have not executed this agreement in reliance on any such promise, representation, or warranty not contained herein. 9. In executing this Access Agreement,the parties acknowledge that they have consulted with their duly licensed and competent attorneys,and that they have executed this agreement after independent investigation, voluntarily and without fraud, duress, or undue influence, and they exclusively consent that this agreement has been given full force and effect according to each and every one of its express terms and provisions. 10. This Access Agreement shall be binding upon and enured to the benefit of the parties, their heirs, executors, administrators, successors, devisees, assigns, and all persons now or hereafter holding or having all or any part of the interest of a party to this Memorandum of Understanding (successors). 11. The parties agree that the party drafting this agreement shall not have any ambiguities construed against the drafter. THE UNDERSIGNED HAVE READ THE FOREGOING ACCESS RELEASE AND HOLD- HARMLESS AGREEMENT,KNOW THE CONTENTS THEREOF,HAVE CONSULTED WITH AN ATTORNEY REGARDING ITS MEANING, ACKNOWLEDGED THAT ITS TERMS ARE CONTRACTUAL AND NOT MERE RECITALS,ACKNOWLEDGE THAT EACH HAS SIGNED OF HIS OR HER OWN FREE ACT, AND ACKNOWLEDGE THAT C) THEY FULLY UNDERSTAND THIS AGREEMENT. 4-1j PROPERTY OWNERS: CITY OF ENT: f ; By: )4k COLTON R. MELAY `" Name: DATED: `. /'ir Its: I� �< ► �- DATED: q S` q7 MARYA MELBY By DATED: '.z Name: DATED: 8 Its : Assistant Fire Chief 3 APPROVED AS TO FORM: APPROVED AS TO FORM: HILLIS CLARK MARTIN & ROGER A. LUBOVICH PETERSON, P.S. KENT CITY ATTORNEY R CHARD WILSON, WSB #6952 AU E EV SB 420990 Attorney for Colton and Maryann Melby Assistant City ttorney P\LAW\E I L E S\00901AGRE E MEN.MEM c c 4 EXHIBIT A LEGAL DESCRIPTION OF MELBY PROPERTY (TAX LOT 9158) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST NORTHWEST QUARTER;STHENCE N 89ALF OF H58'26" SOUTHEAST QUARTER OF SAID W. ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 285.00 FEET TO THE WEST LINE OF THE EAST 285 FEET OF SAID WEST HALF AND TO THE TRUE POINT OF BEGINNING; THENCE N 00-14'25" E. ALONG SAID WEST LINE, A DISTANCE OF 186.97 FEET; THENCE N 73-26'02" W. A DISTANCE OF 95.57 FEET; THENCE S 86-16'28" W. A DISTANCE OF 98.44 FEET; THENCE S 76-09'03" W. A DISTANCE OF 158.82 FEET TO THE NORTH LINE OF THE SOUTH 146 FEET OF d` SAID NORTHWEST QUARTER; THENCE N 89-58'26" W. ALONG SAID NORTH C LINE, A DISTANCE OF 109.34 FEET TO THE WEST LINE OF THE EAST 75 FEET C OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE S 00-18'42" W. A DISTANCE OF 120.00 FEET TO THE NORTH LINE OF THE 26 FEET OF SAID NORTHWEST QUARTER; THENCE N 89-58'26" W. C ALONG SAID NORTH LINE, A DISTANCE OF 22.75 TO THE EAST MARGIN OF C 92ND AVENUE SOUTH; THENCE S 00-20'50" W. A DISTANCE OF 26.00 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE S 89-58'26" E. ALONG SAID SOUTH LINE, A DISTANCE OF 668.31 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THE EAST 335 FEET OF THE NORTH 110 FEET OF LOT 4, WASHINGTON CENTRAL IMPROVEMENT COMPANY'S FRUITLAND ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 40, RECORDS OF KING COUNTY, WASHINGTON. 5