HomeMy WebLinkAboutCAG2012-0769 - Original - David & Elizabeth Garberg - Right of Entry Lot 37 Meridian Valley Country Club - 05/09/2012 ENGINEERING DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KENT Fax: 253-856-6500
WASHINGTON
Address: 400 West Gowe
Kent, WA. 98032-5895
City of Kent
Property Management
220 4th Avenue South
Kent, WA 98032
Attn: Matt Knox
RIGHT OF ENTRY AGREEMENT
THIS INSTRUMENT is executed by and between the CITY OF KENT, a
Washington municipal corporation ("City"), and David G. Garberg and
Elizabeth S. Garberg, husband and wife, being the undersigned owner(s)
("Owner") of the following-described real property ("Property"):
Portions of Lot 37, Meridian Valley Country Club, as recorded in Volume 90 of
plats, pages 92 through 106, inclusive, being in the northwest quarter of
Section 22, Township 22 North, Range 5 East, W.M., in King County,
Washington, more specifically described in attached Exhibit "A"
Property Address: 13411 SE 243rd Place
Kent, WA 98042
Tax Parcel Number: 546950-0370
In consideration of mutual benefits and in further consideration of the City's
performance of the agreements expressed in this instrument, Owner hereby
grants a right of entry over a portion of the Property as more particularly
described in Exhibit "A" attached and made a part hereto, and as shown on
the map attached as Exhibit "B" and made a part hereto, to the City, its
agents and employees, for the purpose of conducting activity related to the
Meridian Valley Creek Enhancement Project, Project #10-3008 ("Project"),
subject to and conditioned upon the following terms, conditions and
covenants which the City hereby promises to faithfully and fully observe and
perform:
The Project will re-grade, relocate and enhance an existing stream channel to
improve habitat conditions and reduce flooding. Specifics of the project are
contained in the Project plans and specifications which will be distributed and
coordinated with all affected property owners and their agents prior to
construction.
This Right of Entry shall commence on the date this instrument is executed
by the last party signing below, and shall remain in effect during construction
of the Project, and for six (6) years after the City deems Project construction
to be complete, provided that the City's post-construction activities on the
Property shall to limited to monitoring and maintenance.
t
Immediately following the Project activity, the City shall remove all debris,
surplus and construction material left on the Property, and shall leave such
Property in a condition substantially equal to that existing before such
activities commenced.
The City agrees to indemnify, defend, and hold Owner harmless from and
against any and all damages, losses, and expenses arising out of or resulting
from any claim, action, or other proceeding that is based upon any negligent
act or omission or willful misconduct of the City or its employees, agents or
consultants arising in connection with this Right of Entry.
The City shall exercise its rights under this Right of Entry so as to minimize,
and avoid if reasonably possible, interference with the Owner's use of the
Property. The City shall at all times conduct its activities on the Owner's
property so as not to interfere with, obstruct or endanger the Owner's
activities and improvements. The City's activities shall not relieve the Owner
from its obligation to comply with applicable laws, statutes and regulations,
including, but not limited to, the City's Critical Areas ordinance, as codified in
Chapter 11.06 of the Kent City Code.
This Agreement shall be binding on and inure to the Owner, its heirs,
successors, assigns and all future owners of the Property.
OW CITY O
Si By
Name: �l/% rc+� ✓� me,' FetteCooke
Date: v-- 20 ?� It a or
V Date: �
Sign:
Name: 2
Date: ft/ A / zo«-
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Page 2 of 4
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that td
is the person who appeared before me, and said person
acknowled ed that (he/she) signed this instrument and acknowledged it to be
(his/hery free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: ��l ��1 ��J
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and ye6Q�Vst/zpove written.
ssi LP
kV GL#
)r'c) N=TA�yaN (Signature)
- NOTARY PUBLIC, in and for the State
Nam:, "118LIC of Washington, residing at TLikLoi ,14_�('fAn4y
�'•:q�.ao3Q• 'o`'��` My appointment expires b 7�o�- aoiy
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WASH�NGC
Page 3 of 4
4
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
certify that I know or have satisfactory evidence thari5
A '::�
vfew, is the person who appeared before me, and said person
acknowle ed that (he/she) signed this instrument and acknowledged it to be
(his/her) free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: '►-rl /d . -7ol y
-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.
1W I L L ii i
r
:v NOTARY "•
�•+ = (Signature)
` PUBLIC NOTARY PUBLIC, in and for the State
9���,07.20lA'G��2�`� of Washington, residing at qkw+
of WASN�a` My appointment expires 0 7 —0'7 a01
Page 4 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or' have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that
she signed this instrument, on oath stated that she was authorized to execute
the instrument and acknowledged it as the Mayor of the City of Kent to be
the free and voluntary act of such party for the uses and purposes mentioned {
in the instrument.
Dated:
-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.
%r,
i Z
=° C _: (Sig ature)
�,�7 '°��' �z = NOTARY PUBLIC, in and for the State
i��``r4''� „�q� A�� . of Washington, residing at �I CoGtl�s
OF My appointment expires
Page 5 of 5
Exhibit A
Right of Entry Agreement
Tax Lot 546950-0370
That portion of Lot 37, Meridian Valley Country Club, as recorded in Volume 90 of plats,
pages 92 through 106, inclusive, in the northwest quarter of Section 22, Township 22
North, Range 5 East, W M , in King County, Washington, described as follows
BEGINNING at the southwest corner of said Lot 37 thence N16°00'13"W, along the
west line thereof, 76 51 feet, thence N07002'34"W 48.55 feet, thence S89°55'12"E
21 51 feet, thence S06°38'57"E 65 12 feet, thence SO 025'03"W 11 61 feet, thence
S17030'12"E 25 92 feet, thence S11 042'35"E 15 81 feet to the south line of said Lot 37;
thence S67°43'36"W, along said south line, 13.75 feet to the POINT OF BEGINNING
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�� REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Ingrid Willms-Dixon Phone (Originator): 856-5519
Date Sent: May 1, 2012 Date Required: May 7"', 2012
Return Signed Document to: Ingrid CONTRACT TERMINATION DATE: n/a
VENDOR NAME: Meridian Valley Creek DATE OF COUNCIL APPROVAL: 44nol. 0 ,/
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Brief Explanation of Document:
Please find 6t.Right of Entry Agreements attached, These agreements will allow the City
and City Contractors access to the adjoining properties to help improved habitat
conditions and reduce flooding in the Meridan Valley Creek .
These documents will not be recorded at the County Auditors office, they will be held at
the City for 6-8 years, for continued access for vegetation monitoring.
All Contracts Must Be Routed Through The Law Department
Received: Q� ��ea t�gcompleted by the Law Department) RECEIVED
Approval of Law Dept.: �1 MAY 0 7 2012 ���_--��
Law Dept. Comments: KENT LAW DEPT `t_ ii'ni
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Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition: 5/J1 Z 'J�44z� d�v F5/Z
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Date Returned:
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