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HomeMy WebLinkAboutPK06-309 - Other - Easement - Service Club Ballfields ��. Records Mam g- ement- KENT = : Wa9HI.GTO„ «� Document 0Pt r _- to CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Contract Number: ' This is assigned by Mary Simmons Vendor Number: 3='>.'-7 Project Name: Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Abstract: ADCL7832 07/02 Filed for Record at the request of SOOS CREEK WATER AND SEWER DISTRICT P.O. Box 58039 14616 S.E. 192nd Street Renton, WA 98058 Easement No.: 34-22-5-S1071 Project: City of Kent Service Club Ballfields Tax Parcel ID#: 342205-924307 Abbrv. Legal: A portion of SE quarter of SE quarter of Section 34, T22N, R5E, W.M., in King County, Washington Grantor(s): City of Kent 220 4u Ave. S. Kent, Washington 98032 Grantee: SOOS CREEK WATER AND SEWER DISTRICT AGREEMENT FOR EASEMENT THIS AGREEMENT, made this IS day of 2006, by and between SOOS CREEK WATER AND SEWER DISTRICT, a municipal corporation of King County, Washington, hereinafter termed the "District', and CITY OF KENT, a municipal corporation of King County, Washington, hereinafter termed "Grantor", WHEREAS, Grantor is the owner of land at approximately SE 285' St.l144`h Ave. SE, Kent, Washington, legally described as follows: The West half of that portion of the Southeast quarter of the Southeast quarter of Section 34, Township 22 North, Range 5 East, W.M., in King County, Washington lying East of a line parallel with and 30 feet East of the of the West boundary line of said Southeast quarter of the Southeast quarter; EXCEPT the North quarter thereof; AND EXCEPT the South 360 feet thereof. Situate in City of Kent, County of King, State of Washington. Page 1 of 5 Easement No 34-22-5-S1071 WHEREAS, the District requires an easement for (check those that apply) ® Sanitary sewer line and appurtenances ❑ Watermain and appurtenances across Grantor's property at a location more specifically described herein below; and WHEREAS, Grantor has title to said real property and is authorized to grant and convey this easement to the District. NOW,THEREFORE, in consideration of the sum of One Dollar ($1.00),and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, and in consideration of the performance by the District of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants, conveys and quitclaims to the District the following easement: That portion of the above-described real property further described as follows: The West 10 feet of the North 299.1 feet thereof; TOGETHER WITH a 10-foot wide strip of land lying 5.0 feet on each side of the following described centerline: Beginning at the Northwest corner thereof; Thence South 01003'21" West 294.1 feet along the West line thereof to the True Point of Beginning; Thence South 89021'44" East 168.3 feet and the terminus of this centerline description. Situate in the City of Kent, County of King, State of Washington. 1. DISTRICT'S USE OF PROPERTY. Said easement is for the purpose of installing, constructing, operating, inspecting, maintaining, removing, repairing, replacing and using gravity and pressure sanitary sewer mains, manholes and/or water lines and appurtenances thereto including all valves and fire hydrants (the "facilities"), together with the nonexclusive right of ingress to and egress from said portion of Grantor's property for the foregoing purposes. 2. USE OF PROPERTY BY GRANTOR Grantor shall retain the right to use the surface of the easement if such use does not interfere with installation or maintenance of the facilities. Grantor shall not erect buildings or structures of a permanent nature; shall not install any other improvements including trees, large shrubbery,or fences; and shall not change surface grades, except as approved in advance by the District, in any manner Page 2 of 5 I Easement No. 34-22-5-S1071 which would unreasonably interfere with ingress, egress and access by the District for installation and/or normal maintenance of the facilities Such buildings, structures or improvements will be deemed an encroachment upon the District's rights, and Grantor shall be obligated to remove such encroachments at Grantor's expense. Further,the provisions of Paragraph 4 hereof as to restoration shall not apply to any such encroachments in the easement area. Provided, however, that fences may be constructed which provide gate or other access approved in advance by the District. 3. RESTORATION AFTER ORIGINAL CONSTRUCTION. For original construction, Grantor's property will be restored to a condition as good as or better than it was prior to the entry by the District. Where possible, photographs will be taken prior to construction to assure the completeness of restoration. Final restoration shall include,as appropriate,sod replacement in existing lawns, hydroseeding in unimproved areas, and replanting or replacement of existing shrubs and bushes,where such will not unreasonably interfere with the District's use of the easement. Fences, rockeries, and concrete, asphalt and/or gravel driveways which do not unreasonably interfere with the District's use of the easement will be repaired or replaced. Large trees that exist within the easement area may be permanently removed during original construction unless otherwise noted in this easement document. 4. RESTORATION AFTER MAINTENANCE. If Grantor's property is disturbed by the maintenance, removal, repair, or replacement of the facilities, the District shall restore the easement area to a condition as good as or better than it was prior to entry for such purpose by the District. 5. ATTORNEY'S FEES. In case suit or action is commenced by either party,or their successors and/or assigns, to enforce any rights under this easement, or regarding an encroachment on the easement, in addition to costs provided by statute, the substantially prevailing party shall be entitled to an award of attorney's fees in such sum as the Court may adjudge just and reasonable. 6. EASEMENT TO BIND SUCCESSORS. This easement is permanent and shall terminate only upon agreement of the parties hereto,their successors and/or assigns. This easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the parties hereto. 7. EXEMPTION FROM EXCISE TAX. The District is a municipal corporation with powers of eminent domain. This easement is granted for a public purpose. The District shall hold Grantor harmless from the imposition or payment of any excise tax based upon the conveyance of this easement. Page 3 of 5 Easement No. 34-22-5-S1071 IN WITNESS WHEREOF, we have set our hands and seals this day of , 2006. By By ran 2cf7G Granto Its Its itle, caner, President, Member, Etc.) STATE OF WASHINGTON) COUNTY OF KING ) ss. this 1! tlqv of 2006, before me personally appeared to me known to be the individuals described in and who executed the within and foregoing instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged I as the for City of Kent, a municipal corpor o of King County, Washington, said instrument to be the free and voluntary act and de&Ldf said Entity, for the uses and purposes therein mentioned. WITNESS d and officials affixed the day and year above written. tom' n y y yb� N C 1'111,Q W NOTARY PUBLIC in and for the State of Washington '. ALB`'%40a�o Residing at. N '% 0 J T_ M commission expires: y p Page 4 of 5 EASEMENT NO.34-22-5-51071 NTs a a a RESTROOMS BUILDING n n �I u JAI° ° 0 © FIELD 2 ®i �❑ ` N T� �f° I i MH 1057-6 / II 20 t 6 (TYP.) �- �� 10' PERM. ESMT (-- 0 NW STORM WATER POND �� T c U 10' PERM. ESMT. II MH 1057-4 MH 1057-5/ T P.O B. --o MH 1057-3 S01003'21"W 144TH AVE. SE CITY OF KENT SERVICE CLUB BALLFIELDS EASEMENT NO 34-22-5-51071 ' PAGE 5 OF 5