HomeMy WebLinkAboutCAG2012-0770 - Original - Meridian Valley Country Club, Inc. - Right of Entry Tract A Meridian Valley Country Club - 05/09/2012 . 1 i
i
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 Meridian Valley Country Club,
Inc. a Washington non-profit corporation, being the undersigned owner(s)
("Owner") of the following-described real property ("Property"):
Portions of Tract A, 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" and "C"
Property Address: Kent, WA 98042
Tax Parcel Number: 546950-3680
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" and "B" attached, which includes a temporary staging
area and made a part hereto, and as shown on the map attached as Exhibit
"C" 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
as well as construct a small floodwall 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.
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.
OWNER(S): CITY OF 7NT:
B '
By: Y�
Name: lei Gt Na u ke Cooke
Its: �4 e-"l Its: Ma r
Date: Date: S 9
By:
Name:
Its:
Date:
P\Civil\Files\Open Files\0177-2012-Public Works General\flight of Entry Meridian Valley CC standard docx
Page 2 of 5
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
certify that I know or have satisfactory evidence that C lA'1
,A rt^ is the person who appeared before me, and said
person acknowledged that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute t e instrument and acknowledged it as the
,.�"" of ��'ir,�, ��r 4 V C4d 1�/�� to be the
freed voluntary act of such party lror the wand 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 yea,�,f,�iatigVq e written.
114
(Signature)
NOTARY PUBLIC, in and for the St at
of Washington, residing at rril
4�4f, O�uWpaN� �``� My appointment expires
Page 3 of 5
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: .51y/ram
-Notary Seal Must Appear Wlthln This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
)li ►y
ZZ
y
(Signat re)
NOTARY PUBLIC, in and for t e State
of Washington residing at �O
OF ;N � My appointment expires
Page 5 of 5
Exhibit A
Right of Entry Agreement i
Tax Lot 546950-3680
That portion of Tract A, 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 southeast corner of Lot 36 in said Meridian Valley Country Club:
thence N89°03'21"W, along the south line of said Lot 36, a distance of 19 29 feet;
thence S41°44'56"W 68 20 feet, thence S15°27'33"E 119 64 feet, thence S27°15'43"E
206 28 feet, thence N78°35'19"E 31 03 feet, thence N17°28'27"W 114 86 feet, thence
N72053'31"E 23 35 feet, thence N 11 000'26"W 24 32 feet to the southwest line of Lot 39
in said plat, thence N58030'13"W, along said line, 24.36 feet to an angle point in said
line, thence N16°00'13"W, along the west line of said Lot 39 and the west line of Lot 38
in said plat, 197 74 feet to the TRUE POINT OF BEGINNING.
co
0
P
EXHIBI'�' '
Right of Entry for Ingress and Egress
Tax Lot 546950-3680
That portion of Tract A, 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
Commencing at the southeast corner of Lot 33 in said Meridian Valley Country Club:
thence S61°15'34"W, along the south line of said Lot 33, a distance of 3.76 feet to the
TRUE POINT OF BEGINNING, thence continuing S61°15'34"W, along said south line,
28 30 feet, thence SO4°27'26"E 5 18 feet, thence S83044'04"E 125 13 feet, thence
S30008'44"E 85 78 feet, thence N52043'46"E 48 37 feet, thence S76035'54"E 17 74
feet, thence S89003'21"E 107 05 feet, thence N41°44'56"E 26 42 feet to the south line
of Lot 36 in said Meridian Valley Country Club, thence N89°03'21"W, along the south
line of said Lot 36, the south line of Lot 35 in said plat and the westerly prolongation
thereof, 184 09 feet, thence N23048'27"W 27 18 feet, thence N36°43'16"W 28 75 feet;
thence N61021'15"W 18 38 feet, thence N83°44'04"W 32 00 feet, thence S88°59'02"W
39 45 feet, thence S82013'46"W 12 37 feet, thence N77019'38"W 11 86 feet to the
TRUE POINT OF BEGINNING
N.
`99
f
O
r C�
8904
FC,.S�LD �tv
v
Oha L S
Z
W
5$$511 W
W
J< aw Gzw Gozw <w
Q p
om I z<
z=U zd I a o
8 I
I
.-f♦
F d J a< I z i
QLLI oUE G zW GzW n I ■ d�"'^ �^ O1 s
� Fa ® LS Gozw M <
z \ G�zW iw
2120
I t �gww ea
I umnN� 111 \ Y6Q0 Q
GozW
o m I � ✓' �v 00
i--�1n
Gozw �ozw G
�Jm♦p Jn� NJI�Y m � �� 5' / Nrmjm� YVNi'mh ntl�N I�� 1 � n"
N _
�zW _
��zw w�zW �^� ri
rgrqan � Khn }F6 ~ � ` y wJj Om
�G zW I , roar rcoa I 1�.qm m >"o
9W
Ln«
1
n'm_R
71)
\\
/ I
1"1 p
f
W
W urip-1- 9OOP-0 Iffrrw,FK p
REQUEST FOR MAYOR'S SIGNATURE
ENT Please FIII In All Applicable Boxes
K
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 7tr, 2012
Return Signed Document to: Ingrid CONTRACT TERMINATION DATE: n/a
VENDOR NAME: Meridian ValleyCreek DATE OF COUNCIL APPROVAL: ;L ]Q /
Brief Explanation of Document:
Please find 6,�.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
(This area to be c ompleted by the Law Department) _ �„ .—
Received:
Approval of Law Dept.: MAY 2012
Law Dept. Comments: k� W D
* FF vY
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition:
Date Returned:
u — I
CITY OF';%Ii1
Clll C�ERtt