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Home My WebLink AboutPW08-283 - Original - King County Flood Control Zone District - Meyers Golf and Narita Levees Permit Agreement - 10/07/2008 Records M geme N'ZKENT Document WASHINOTON 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 City Clerk's Office. Vendor Name: Ct4-L� 0 y Ye t Vendor Number: JD Edwards Number Contract Number: P 01- 0293 This is assigned by City Clerk's Office r� Project Name: � eVpE F:&93 1Q(1�" Poiro 1 p(4— " GO " (_%Lf5e, Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract Other: ?efMl kyeeYYIeRt- L Contract Effective Date: Termination Date: {Icn Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: 1, 6, W(` k5l)epartment: iu (, wab Detail: (i.e. address, location, parcel number, tax id, etc.): S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 tr w PERMIT AGREEMENT THIS PERMIT AGREEMENT is hereby entered into between the City of Kent, a Washington municipal corporation ("City") and the King County Flood Control Zone District, a Washington quasi-municipal corporation ("District"): 1. Permit and Conditions. The City agrees to provide the District this permit to enter upon the City's Storm Sewer Easement as described in Exhibit A, hereto attached under the following conditions: A. The District may enter upon the easement for the sole purpose of removal and/or burying of portions of the unused city storm sewer system, included by not limited to pipes, for the purpose of preparing the area for construction of the United States Army Corps of Engineers Job No. GRE-2-07, Horseshoe Bend Levee - - Rehabilitation Project ("Project"). B. It is understood and agreed that this permit is required to establish the superiority of District easement rights in the underlying fees for purposes of certification by the District to the United States Army Corps of Engineers ("Corps"). C. Any permission for District or Corps activities that extend beyond the rights granted the City in the Storm Sewer Easement shall be obtained by the District from the underlying fee owners. D. This permit is granted to the District in consideration of mutual benefits of the Project, and, in any event, does not exceed Ten Thousand Dollars ($10,000.00) in value. 2. Indemnification. The District shall defend, indemnify, and hold the City harmless from all claims, causes of action, liability, damage, expense (including all legal costs and attorneys fees), suits or judgments for personal injury or property damage arising from or in any way connected with District activities upon the Storm Sewer Easement or with this Permit Agreement. The provisions of this paragraph shall survive the expiration or termination of this Permit Agreement. 3. Venue and Jurisdiction. The terms of this Permit Agreement shall be construed in accord with the laws of the state of Washington and jurisdiction for claims and disputes arising hereunder shall be in the Superior Court for King County, Washington. PERMIT AGREEMENT - Page 1 of 3 (October 7, 2008) (Between City of Kent and King County Flood Control Zone District) 4. Expiration. The permit shall expire automatically by these terms upon the final completion and acceptance of the Project by the Corps. 5. Entire Agreement. This Permit Agreement document contains the entire agreement between the parties and, in executing it, the City and the District, do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 6. Counterparts. This Permit Agreement may be executed in two or more counterparts, any of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEROF, this Permit Agreement is executed and shall become effective as of the last date signed below. CITYflFKENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: 4X4,C1, W Larry Blan ard, Director of By: .4 � --"%, 4 Public Works Theresa Jennings, Di ctor King County Dept. of Natural Resources and Parks on behalf of the King County Flood Control Zone District, Qr: 8o6 8urns', p-%V'&4I•y D.✓ec.+ar. Acting pursuant to Resolution No. f^CD?AO� d!•2 of said Grantee APPROVED AS TO FORM: By• t Kent Law D rt ent City of Kent Notary Acknowledgements Appear on Following Page PERMIT AGREEMENT - Page 2 of 3 (October 7, 2008) (Between City of Kent and King County Flood Control Zone District) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Larry Blanchard is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Kent as its Director of Public Works, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. CAF ,A � g S ° C (A2� S. STO f2 J� OAd"G iy RYe)@II#M_I NOTARY PUBLIC, in and for the Stqte WTATEl QfAWABdiNGT N of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that 134 %ArV13 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the King County Flood Control Zone District as its Depu,�v Dora, r and such execution to be the free and voluntary oast f such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the q�1A%81*# ar first above written. � � NOTARY � � �YacfilG�r 7. S��er� ��— NOTARY PUBLIC, in and for the State of Washington, residing at g.J P, � �p+� My appointment expires V17/20►z 27. P\Gvil\Files\Open', kQ\PermitAgreement doc PERMIT AGREEMENT - Page 3 of 3 (October 7, 2008) (Between City of Kent and King County Flood Control Zone District) AFTER RECORDING MAIL TO: t�.M ?t"or Property Management •- City of Kent �. 220 4th Avenue South z Kent, WA 98032 Attentions Carol Storm EXCISE TAX WT REOURED �'- tales ca t�r�eoral:O+itNien Reference Number of Related Document: N/A i Grantor(s) 1 Park Place 1998, LLC, i A Washington Limited Liability Company • Grantee(s) : City of Kent r Abbreviated Legal Descriptiont Ptn of SWi/4 of NVI/4 of 30-22-S Additional Legal Description is on Page s)_J__,of Document 1 Assessor's Property Tax Farcel or Account No.M346200-0214 #346280-0305 • Projectt Park Place Apartments 1 , Easement Limited Liability Company ' I t' THIS INSTRUMENT made this_,-.,,,.uay of 19_____by and between Purk Plal^,g 1998, LLC a Washinat_09 i cmyanv hereinaftez called "Grantors" and CITY OF KENT, a r municipal corpotation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That said Grantors for and in consideration of zmtual ben0fita derjsynd _,._._and/or other valuable consideration receipt of which is hereby acknowledged by said Grantors, do by these presents grant, bargain, sell, convey, and ccnfirm forever unto the said Grantee, its successors and/or assigns, an easement for ar01M Egger with necessary appurtenances, Including use of incidvaral areas Imir dzdtely adjacent for the installation, opesattor+, maintenance, extending, construction, altering, recon:tluctiny and repair over, through, across and upon the fo) low3ng described property situated in King County, Washington, mole Fatticularly described as follows: Pefer to Exnib:r A atta.hed and made a part hezeto. Thr• said Grantee s1Jd11 have the right without prier insti•ut ,mi •r ::,tit ur pre-et•ding at law, at tiwes a3 may be n::cer;sil,, 10 43111E•r upon Said property and immediate adjacent areas ,010. tht- ,1(1VeS3d1:'1 tqu2pailnt f('r the purposes of altering i 11.4r it 1•-*., ala:Ll C'La•C P, C'X}C'llii7113, r••)11st11,cL11i, r• 1,.t: r::c. tN c:: : tvrt J. c.t a,1.i ". tglyn__3ptrgT glisement or n'dK:I7•i •1C� ':.In.•,'1 t ,n4 t1, •towill, -eith..tlt incurring any legal It11) I-- It i^11 .q' 1 1,11.E i 1t'f 111— lore; providing treat said altering, 1!18t ! rat ion. ••T'•':•111• i*I' aalit'Y, "8'E'n:ilIR], rollatll::r,ing, t. F repair and reconstructing of said mtozm aarrar eamj=tt shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas r shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right tc use the surface of this easement including said incidental areaz so long as said use does not interfere with, the uses heretofore defined. Under no circumstances shall any cement concrete or any structures be placed or erected on this easement. This easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. Dated this S-lf. day of_Q*—Ajv 19•'n Par', Place 1 98, L.L.C. A Washington Limited Liability Company STA':E OF WASH 1 NGTON ) )SS COUNTY OF KING 1 On this ffh day of 19�r, before me the undersigned, a Notary Public in and for the State of Washington, duly comnissioned and sworn, personally appeared to known `o be the A&MALA&_MANAIM _ and of FAA Clf_199r. I." _ Limited Liability CauMany, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of uaid company, and fox the uses and purposes therein mei:tioned, and wn oa"h stated that they were authorized to execute the said iistr :Tent and that Lhe sea'_ affixed is the corporals seal of . iid rotporation. W1TNRSS my hand and rftxctal seal hereto affixed the day and Yeas txrst_��t�,�r�trten. vV � y ` Pr! till h'�„w D'otary Public." in and for the State �rr4iA .•` t w:nninytol tcsiding aL ''��•••`•��' 177 Ccmulssxon Expires g w-el -- 4'44 1 P19W, PW 2 014 • r 143 r uwpud7wo—,v5Ro: :] MrBIT Ile 5 LEGAL DESCRIPTION .JOB NO.99261 = PARK PLACE 1003. LLC '= September 27, 1999 r STORM SEWER EASEMENT 1 BEING 16 FEET WIDE, 7.6 FEET ON EACH SIDE OF ''HE FOLLOWING DESL'RIBED CENTERLINE, IN THE SOUTHWEST 114 OF THE NORTHWEST 1'4 OF SECTION 30, TOWNSHIP 22 NORTH, RANGE 5 EASY, W.M. IN PING COUNTY, WASKINGTON, BEING A PORTION OF LOTS 28, 40 AND VACATED ALDER I.ANL OF HORSESHOE ACRE TRACTS TO THE CITY OF KENT, ACCORDING TO THE PLAT RECORDED IN s VOLUME 16 OF PLATS,PAGE 10, RECORDS Of KING COUNTY,WASHINGTON. COMMENCING AT THE INTERSECT!ON OF THE NORTH MARGIN OF SOUTH 202N° STREET (ALDER LANE) WITH THE EAST MARGIN OF 85r AVENUE SOUTH (MAPLE LANE); THENCE SOUTH 00°00'0C" EAST ALONG SAID EAS, (MARGIN A DISTANCE OF 38.81 FEET,TO THE POINT Or- BEGINNING; THENCE NORTH "3018'66" FACT 136.00 FEc-r MORE OR LESS TO THE SOUtHERLY BANK OF THE GREEN RIVER AND THE TERWNUS OF THIS ZENTERLINE EASEMENT. 1 : A•i4/ j 1 •• / alelWN essne� 491C-1'Y194't Pape 3 of 4 ,,n,+a tleauwfla.r A iy3 1 � a tICA{!<1' 4r Mt JOEL— \•� U LT 25 HORSESHOE ACRE TRACTS ",--CRF. TO THE CI'' OF KENT VOL. 1.3, rG. 10 . 15' Smw R SEINER EASU1ENt �i� \ „ 25' (Atmt LAM E S 2b2NU ST _ _N1s3b- ! ►p p� ALDER LANE ss`NC�N�,Y'JN 1/l N2-am , yy DOW OW.i2a0-a 3` I� T 40 1ORSESHOE ACRE TRACTS TO THE CITY OF KENT �, VOL. 15, PG. 10 ' 25' STORM :SEWER EASEMENT EXHBIT SW4, NWv4, SM 30, T, 22 K a 6 F� wx CONCEPT EN(tWELBWC, W. DWN. BY DATE JOB N0. ^45' Ralulsr Boulewd North DJK 9-27-99 99261 Issaquah. Washington 9402> _ •a (475)3112-8055 FAX(425)3pI-010S CHXD. BY SCALE SHEtT tdpw I KI •aw'_WWI " Ir M,M 1" = 40' 4 VF 1 :f = I iN�1RN�lliM _ :�-�.,.c::�.x.�»a.:..�:»,a-...;�_:,�~,?z«:��::�:.:_:��;.��:_•»:n�.�.�.�:�r�- -� - -...._ ,-.��_a.:�.lh . I ' 41 � .,_..art,.=_�- N _, .��:.