HomeMy WebLinkAboutPK09-197 - Original - Cascade Living Group - Arbor Heights Sign & Landscape Easement - 6/25/09 Records MvnerneN
Z�KE4T Document
WA9MMGiOM
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: CoSc a A C%V V-U I,(,
Vendor Number:
]D Edwards Number
Contract Number: 'dq- U7
This is assigned by City Clerk's Office
Project Name: fill + r6W PwLm
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 4contract
❑ Other:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: � Department:
Detail: (i.e. address, locatio( parcel number tax id, etc.):
2022ps-- C1QS l 4 202Z0S-- 2
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S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
WHEN RECORDED RETURN TO:
Property Management
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: City of Kent, a municipal corporation
Grantee: Health Care REIT, Inc.
Abbreviated Legal Description: Ptn NE 1/4 Section 20, Township 22 N, Range 5E
Additional Legal Description: See Exhibit A and B of Document.
Assessor's Tax Parcel ID No. 202205-9051 and 202205-9062
Project Name: Arbor Village Sign at Arbor Heights 360
SIGN AND LANDSCAPE EASEMENT
The City of Kent ("Grantor"), for and in consideration of mutual benefits derived
and/or other valuable consideration, receipt which is hereby acknowledged by Grantor,
conveys to Health Care REIT, Inc., a Delaware corporation ("Grantee"), an easement
for an entrance sign and landscaping ("Sign and Landscape Easement") over, under,
through, across and upon the following described real property, situated in King
County, Washington (the "Easement Area"):
See Exhibit "A" legal description attached and incorporated
for the benefit of the following described real property, situated in King County,
Washington (the "Benefited Property"):
See Exhibit "B" legal description attached and incorporated.
SIGN AND LANDSCAPE EASEMENT - Page 1 of 4
(Between City of Kent and Health Care REIT, Inc.) (September 4, 2008)
Grantee shall have the right, without prior institution of suit or proceeding at law,
at times as may be necessary, to enter upon the Easement Area with the necessary
equipment for the purposes of altering, installing, operating, maintaining, repairing, and
reconstructing landscaping and an entrance sign. The entrance sign and landscaping
existing on even date was installed at the time the Arbor Village Assisted Living
buildings were constructed on the Benefited Property.
Grantor shall retain the right to use the Easement Area, so long as that use does
not interfere with the uses described in this Sign and Landscape Easement. Under no
circumstances shall Grantor place any cement, concrete or any other structures in the
Easement Area without first obtaining written approval of the Grantee. Grantor shall
not change the surface grades, except as approved in advance by the Grantee, in any
manner which would unreasonably interfere with ingress, egress and access by the
Grantee for installation and/or normal maintenance of the existing sign and surrounding
landscape.
Grantee accepts the Easement Area in its present physical condition, AS IS.
Grantee shall at all times exercise its rights under this Sign and Landscape Easement in
accordance with the requirements of all applicable statutes, orders, rules and
regulations of any public authority having 3urisdiction.
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 attorney's 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 Sign and Landscape Easement.
This Sign and Landscape Easement shall be a covenant running with the land,
and shall bind Grantor's and Grantee's successors and assigns.
GRANTOR(S): GRANTEE(S):
CITY KENT HEALTH CARE REIT INC.
By: la LV, By: GA
Print Name: p�� Print Name: Eixac.lbele
Its: (,DU K1 C(L 2�s 1"p b SALT Its: AdMinidra nn And r"pWft Sw
(Notary Acknowledgments on Next Page)
SIGN AND LANDSCAPE EASEMENT - Page 2 of 4
(Between City of Kent and Health Care REIT, Inc.) (September 4, 2008)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this 26&day of , 08, before me a Notary Public in
and for e Al I ton, personally appeared �_FE G.,GKG to me known to
be the o e I y o ent, a Washington municipal corporation that executed the
foregoing instrument, and acknowledged it to be the free and voluntary act of said limited
partnership, for the uses and purposes mentioned in this Instrument, and on oath stated
that they were authorized to execute said Instrument.
``\\�`�������tt//�ii'' -Notary Seal Must Appear Within This Box-
_=l�, �BR{1{ HEREOF, I have ereunto set my hand and official seal the day and
year 1 0 erS�
- s �
- NOTARY PUBLIC in and for the Sate of Washington
residing at 1�/� r'
My appointment a Tres 7- /Q 112 —
STATE OF b"1 )
ss.
COUNTYOFI LL-,-CAS )
On this Siildti day of C , 2008, before me a Notary Public in
and for the State of 6jLk.o- personally appeared Erin C IbeI& to me
known to be the SvP Q-CnKP, SE-L of HEALTH CARE REIT, INC, a Delaware corporation
that executed the foregoing Instrument, and acknowledged it to be the free and voluntary
act of said limited partnership, for the uses and purposes mentioned in this instrument,
and on oath stated that they were authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
X� b9Ve i"Y6AWJ.LUNSFORD
Notary Public
In ana for the State of Ohio
My Commission Expires
April 22,2012
NOTARY PUBLI , in and for the State of
residing
My appointment expires
SIGN AND LANDSCAPE EASEMENT - Page 3 of 4
(Between City of Kent and Health Care REIT, Inc.) (September 4, 2008)
APPROVED AS TO FORM:
Kent Law Department
P\Clvil\flies\Deadflles-Storage\0857\Arbor village Sign Easement doc
SIGN AND LANDSCAPE EASEMENT - Page 4 of 4
(Between City of Kent and Health Care REIT, Inc.) (September 4, 2008)
EXHIBIT A
That portion of Revised Lot A, City of Kent Lot line Adjustment LL-2005-7,
recorded under King County Recording Number 20050425001972, in the
northeast quarter of the northeast quarter of Section 20, Township 22 North,
Range 5 East, W.M., in King County, Washington, described as follows:
BEGINNING at the southeast corner of said Revised Lot A; thence along the
south and west boundaries of said lot, the following courses and distances;
thence S61040'38"W 23.96 feet; thence S87013'43"W 83.81 feet to a point of
tangency with a 5.00 foot radius, circular curve to the right; thence northwesterly,
along said curve, through a central angle of 90048'10", an arc distance of 7.92
feet to a point of compound curvature and the beginning of a 220.00 foot radius
circular curve to the right ; thence northerly, along said curve, through-a central
angle of 9006'55", an are distance of 35.00 feet; thence leaving said west
boundary, S87043'09"E 108,87 feet to the east boundary of said Revised Lot A;
thence S00°54'36"W, along said east boundary, 20.00 feet to the POINT OF
BEGINNING.
fiLLA
r'
EXHIBIT B
PARCEL.A:
THAT PORTION OF SECTION 20,TOWNSHIP 22,NORTH,RANGE 5 EAST,P-M-,IN
KING COUNTY,WAgaNGTON,DESCII;IBED AS FOLLOWS: '
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20;
TRr,NCF ALONG THI3I16RTF1 LINE OF SECTION 20,NORTH$814614"WEST,319.18
FEET',
THENCE SMTH 01°01'06"WEST,37,50 F2L7F,TO THE SOUTHRIGHT-OF-WAY LINE
OF
SOUTHEAST 240`I'fi STIZEET AND BEIING TO TRUE POINT OF BEGlIsNING OF THE
HEREIN DESCRIBED PARCEL OF LAND;
I
THENCE ALONG THE EAST LINE OF THE EAST HALF OF THE WEST HALF OF THE
NORTHEAST QUARTER OF THE NOI.TEEAST QUARTER OF THE NORTHEAST
QUARTER,s0(TTH 01'01`Q6"WEST,292-41,FEM TO TBE SOUTHEAST CORNER OF
THE HERE Y)E$CRWW FAACM Ole�FihL,D-,
THENCE ALONG THE S()UTI4 LINE O)F TfM fIERM DBSCRIBED PAROEL OF LAND,
THE FOLLOWING COURSES:
1)NORTH 88°46'1T'WE$T,42,50 FESI
2)NORTHW)3$� RLY 34.77 FE})T,ALON(}'1�ARC OF A 50.80;?OdT RADTU3 CURVE,
CONCAVE NO?,Tf1ERI Y,TEROUG#A£E11'L'R AL ANGLE OF 39050'37",TO A POINT y
NQST�y 3q,gp FEET,AL Off TfID ARE Q$A 50.00 FOOT RADI[J$CURVE,
C�NCAV�S(IITT1iERL'Y,,THROUGH tY�.L ANGLE OF 34°59'33';
4)NORTH$8°55'131'1 &S ,53 30 F13Fi3,Tf3 THE WESTt INE.OF TAB HAST HAIF OF
TFIB WESTHAIZI OF TH11 NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
THE NORTH 'P QiIAI��`HRbF$ECI'IOI�20;
TIiENCE ALONG SAID WEST LINE,N01 OI°04'4T'EAST,2b9,39 FEET,TO THB
NORTHWEST(.'O1iI9ER OF THE 1>EI(�N D�CRTBED PARCEL OF LAN7�;
THENCE ALONG TTiE SOM k1CyHT-M-WAY LINE OF SOUTHEAST 240TH STREET,
PARALLEL WITIIAND 37.5Q FtETSOUTii FRQM THE CEt TERLWE OF SOUTHEAST
240TH STREET,SOII'1'H 88046134"EAST",159A3 FEET,TO THE TRUE POINT OF
BEGINNING;
(ALSO KNOWN AS 1TA vO,F�=Y OF KHNT LOT I MB ADIUSTMEM NO.LL-99-7,
RECORDED UNRRAnv�RDIN(3 NO,9904070835 RECORDS OFIUNG COUNTY,
WASHINGTON).STTUA M IN THE CPI'3t OF KENT,COUNTY OF KLNG,STATE OF
WASHINGTON.
PARCEL B:
THAT PORTION OF THE 14OR'jjmAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 20,TOWNSTIIP 22 NORTH,RAI+NiS S EAST,WTI.,DING COUNTY,
WASHINGTON,DBSCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20;
THENCE SOUTH 00*54*36"WEST,ALONG 1,113 EAST LINE OF SECTION 20,A
DISTANCE OF 330.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER;
THENCE NORTH 88045`18"WEST,ALONG THE SOUTH LINE OF SAID SUBDIVISION,
31.50 PEET TO THE WEST RIGHT-OP--WAY LINE OF 116TII AVENUE SOUTHEAST;
THENCE CONTINUING NORTH 89945,18"WEST,ALONG SAID SOUTH LINE,238.39
FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION AND THE TRUE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
THENCE SOUTH 01001,'38"WEST,ALONG THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUAILTER,13.23 FEET;
THENCE SOUTH 86-M'09"EAST,52.68 FELT TO THE BEGINNING OF A NON-
TANGENT,70.00 FOOT RADIUS,CIRCULAR CURVE TO THE RIGHT,FROM WHICH
POINT THE CENTER BEARS SOUTH 07044'47*EST,
THENCE SOUTHEASTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OP
5I02742"AN ARC DISTANCE OF 62 87 FEET;
THENCE SOUTH 21052736"EAST 97.30 FEET;
THENCE SOUTH 19026'35"EAST 75.70 FEET TO THE BEGINNING OF A
NONTANGENT,95.00 FOOT RADIUS,CIRCULAR CURVE TO THE RIGHT,FROM
WHICH POINT THE CENTEIiBEARS SOUTH 72W'05"WEST;
THENCE SOUTHERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF
27013'47",AN ARCDISTANCE OF 45.15 FEET TO A POINT OF REVERSE CURVATURE
AND THE BEGINNING OF A 220.00 FOOT RADIUS,CIRCULAR CURVE TO THE LEFT;
THENCE SOUTHERLY,ALONG SAID CURVE,"HOUGH A CENTRAL ANGLE OF
1I-38'59",AN ARC DISTANCE OF 44,00 FEET TO APOINT OF COMPOUND
CURVATURE AND THE BEGINNING OF A 5,00 FOOT RADIUS,CIRCULAR CURVE TO
TIME LEFT;
THENCE SOUTTIBAS'TERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF
90°48'1 O",AN ARC DISTANCE OF 7.92 FEET',
THENCE NORTH 87°13'43"PAST 83.81 FEET;
THENCE NORTH 61°40'38"EAST 23.96 F$ET TO SAID WEST RIGHT.OP--WAY LINE OF
116TH AVENUE SOUTHEAST;
THENCE SOUTH OV54'36"WEST,ALONG SAID WEST LINE,26.49 FEET;
THENCE NORTH 88°45'09"WEST 86.28 FEET TO THE BEGINNING OF A TANGENT,
30.00 FOOTRADIUS,CIRCULAR CURVE TO THE LEFT;
THENCE SOUTHWESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE
OF 62*13'15",AN ARC DISTANCE OF 54.30 FBETTO A POINT'OF REVERSE
CURVATURE AND THE BEGINNING OF A 50.00 FOOT RADIUS,CIRCULAR CURVE TO
THE RIGHT;
THENCE SOUTHWESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE
OF 620 W 15"AND ARC DISTANCE OF 54,30 FEET;
THENCE NORTH 88045108"WEST 49.10 FEET TO THB BEGINNING OF A TANGENT
50.00 FOOT RADIUS,CIRCULAR CURVE TO THE RIGHT;
THENCE NORTHWESTE RLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE
OF 65040'06",AN ARC DISTANCE OF 57,31 FEET;
THENCE NORTH iN5'02"WEST 179.84 FEET TO THE WEST LINE OF THE EAST HALF
OF TITS WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
' I
OF THE NORTHEAST QUARTER;
THENCE NORTH 01005'38"EAST,ALONG SAID WEST LINE,353.06 FEET;
THENCE SOUTH 88054'14"EAST 53.31 FEET TO THE 13B01NNRNG OF A TANGENT,
50.00 FOOT
RADIUS,CIRCULAR CURVE TO THE RIGHT;
THENCE SOUTHEASTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF
39059'33",AN ARC DISTANCE OF 34.90 FEET TO A POINT OF REVERSE CURVATURE
AND THE BEGINNING OF A 50,00 FEET RADIUS,CIRCULAR ANGLE OF 39050-37",AN
ARC DISTANCE OF 34.77 FEET;
THENC ,SOUTH 88*45'15"EAST 42.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION DEDICATED TO THE CITY OF KENT UNDER RECORDING
NO.9904143156,RECORDS OF SAID COUNTY; II
(AKA"NEW LOT B"OF CTI1'OF KENT LOT LINE ADMsTKENT N031,2005-7,AS
RECORDED UNDER RECORDING NO 20050425001972),RECORDS OF KING COUNTY j
AUDITOR;
SITUATE IN THE CITY OF KENT,COUNTY OF KING,STATE OF WASHINGTON.
PARCEL C:
THAT PORTION OF SECTION 20,TOWNSHIP 22 NORTH,RANGE S EAST,W M,IN
KING COUNTY,WASHINGTON,DESCPJBI:D AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20;
THENCE,ALONG THE EAST LINE OF SECTION 20,SOUTH 00-5346"WEST 330.01
FEET;
THENCE,NORTH 88°4671T'WEST 30.00 FEET,TO THE WEST RIGHT-OF-WAY LINE OF
l 16TH i
AVENUE SOUTHEAST; I
THENCE ALONG SAID WESTRIGF)'T-OF WAY LINE,$OtML00°S3'45"WEST 306.01
FEET,TO THE TRUE POINT OF BEGINNING OF TH$HEREIN DESCRIBED PARCEL OF
LAND;
THENCE CONTINUING ALONGTHE SAID WEST RIGHT-OF-WAY LINE,PARALLEL
LEL
WITH AND 30.00 FEET WEST FROM THE CENTERLINE OF 1161E AVENUE
SOUTHEAST,SOUTH Oo°53'45"WEST,222 00 FEET,TO THE SOUTHEAST CORNER OF
THE HEREIN-DESCRIBED PARCEL OF LAND;
THENCE ALONG THE SOUTH LINE OF THE NORTH 198 FEES'OF THE EAST 330 FEET
OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 20,NORTH DO°S3'45"EAST, 198.00 FEET TO THE SOUTH LINE
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 20;
THENCE ALONG THE NORTH LINE OF THE HEREIN-DESCRIBED PARCEL OF LAND,
THE FOLLOWING COURSES:
L)SOUTH 88°46'00'EAST,28.95 FEET;
2)SOUTHEASTERLY 57.30 FEET,ALONOMM,ARC OF A 50.00-FOOT[RADIUS CURVE,
CONCAVE TO THE NORTHEAST AND HAVING A RADIAL BEARING OF NORTH
66053'39"EAST,THROUGH A CENTRAL ANGLE OF 65°39'39',
3)SOUTH B8"46'od'EAST,49.10 FEET;
4)NORT71EASTERLY 54.30IWT,ALONG THE ARC OF A 50.00-FOOT RADIUS CURVE,
CONCAVE TO THE NORTHWEST,THROUGH A CENTRAL ANGLE OF 62°13'15",TO A
,
POINT OF REVERSE CURVATURE;
1
0
5)NORTHEASTERLY 54.30 FEET,ALONG THE ARC OF A 50,00-MT RADIUS CURVE,
CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 62°I3'15'
6)SOUTH 88946'00"EAST,87.78 FEET',TO THE TRUE POINT OF BEGINNING;
(ALSO KNOWN AS LOT C OF=OF KENT LOT LINE ADJUSTHENT NO.L1-99-7,
RECORDED UNDER RECORDING NO.9904070835,RECORDS OF KING COUNTY,
WASHINGTON);
SITUATE IN THE CITY OF KENT,COUNTY OF KING},STATE OF WASIENGTON.
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