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Home My WebLink AboutCAG2012-0771 - Original - Meridian Valley Country Club, Inc. - Right of Entry Lot 33 Meridian Valley Country Club - 05/09/2012 f � 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 owher(s) ("Owner") of the following-described real property ("Property"): Portions of Lot 33, 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: Kent, WA 98042 Tax Parcel Number: 546950-0330 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. 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 ISENT: By: By: Name: -w f I I e-� Sc/V Name: uze a Cooke Its: u/se C Its- M or� Date: gyp' l la ZO/Z Date: By: Name: Its: Date: P\Civil\Files\Open Files\0177-2012-Public Works General\Right of Entry Mendian Valley CC standard docx Page 2 of 4 STATE OF WASHINGTON ) ss. COUNTY OF KING ) � _I certify thatthat I know or have satisfactory evidence that �l11 djQ is the person who appeared before me,_find said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the S � �64-V,. +A% Ai of f to be the free and volu4ary act of such party for the u es and purposes mentioned in the instrument. Dated: q11jZ. -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. ``�NIH 11{I rlrry� .; NOTanr (Signatu ) NOTARY PUBLIC, in and for the St to m�.•,,G �y .o=\ of Washington, residing at Gi r My appointment expires f i i S 3 t , Page 3of5 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: �g�/L -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ti 1�00"Aj-01 Z S -�l�.i (Signat e) Ad�� „•=� NOTARY PUBLIC, in and for the State 'i,� �; ,; �_�0�:',�` - of Washington, residing at Yb,4,q1 �0 ✓ My appointment expires �� 12_ Ili E OF NN Page 5 of 5 a Exhibit A Right of Entry Agreement Tax Lot 546950-0330 That portion of Lot 33, 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 said Lot 33 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 S61015'34"W, along said south line, 28 30 feet, thence N04°27'26'W 106 04 feet to a point on the north line of said Lot 33, said point being on a 116 17 foot radius circular curve to the right, from which point the center of said curve bears S23°22'16"E, thence easterly, along said curve, through a central angle of 10'10'18", an arc distance of 20 62 feet, thence SO4°27'26"E 97 54 feet, thence S77°19'38"E 6 06 feet to the TRUE POINT OF BEGINNING. a N. M ov s ,t y 9A �Z t o� UAAL p SJ /Z a< y U Y �tiWZ K 1 mSOV Z rc p r x < W KO~W �1�Nb FW I M M w d �F6K <is �i - rcw i Ga2W �U u EE Q zP� o >Z w I za uaoa Z C I y1 j aZ o fafL 8 ' I O W U Q �� n OYggQ OqM� _ OmFN K Z z�`my pn NM NIIM o $Nm Q 35 €� < Gazw GozW d m f<,$-fin <g � Z N W z x W , C7 _ No � od- pn'z Q0 .`N YY ' NI_l N�ZW I 'f WU ~lGm Q p N r G i Fzz nZ M N ■//J V_YI Wµr�Y' 1 MIICN I Fd FWD? N 1 \ EE p fl \ ! I a�wS g='rm m�I�rX <N \ Y ✓ I µ `o °c"I ^< lon� 1 Cin�s 2�o c` GG fW ' Yi m Hu Q ( ruz om oz� E e rlMzw N 55 R� - 1 r N f! a � � 4m -�^�� 0-4 m ! ■ � a I ROX-ON jO AJ4LMOO AIIIDA WIPInfl QOW �" REQUEST FOR MAYOR'S SIGNATURE KtN7 Please FIII in All Applicable Boxes N n xc AVM Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ingrid Wlllms-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: 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 NreEo be completed by the Law Department) Received: (f Approval of Law Dept.: vjV 0 7 2012 Law Dept. Comments: � �� f 'k' -_ r `1T KE a Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: Date Returned: I - u � I CI� p�p,EIdT Clil C��nr