HomeMy WebLinkAboutPW12-174 - Original - Johnson Property Holdings, LLC - Settlement, Quit Claim Deed, Easements & Restrictive Covenant - 07/19/2012 Records M
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KENT
WA=„,Marx„ Document
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: Johnson Property
Vendor Number:
JD Edwards Number
Contract Number: eu ��-1 l/ �This is assigned by City Clerk's Office
Project Name: Settlement Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Settlement Agreement
Contract Effective Date: 7/19/2012 Termination Date:
Contract Renewal Notice (Days): Permanent Record
Number of days required notice for termination or renewal or amendment
Contract Manager: I Willms-Dixon Department: Public Works
Detail: (i.e. address, location, parcel number, tax id, etc.):
Settlement Agreement, Quit Claim Deed, Temporary Construction Easement, Landscaping
and Lighting Easemand and a Restrictive Covenant - Boeing Levee Project parcel
CM 2/15/11
Copy of Original
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
Settlement Agreement
City of Kent Boeing Levee Project (No 09-3009)
Johnson Property Holdings, LLC
Parcel Number. Portions of 660021-0240
Address- 20205 59th Ave S , Kent WA 98032
This Settlement Agreement ("Agreement") in entered into this /1 day of June 2012 between the
City of Kent, Washington, a Municipal Corporation ("Kent" or "the City") and Johnson Property
Holdings, LLC, a Washington limited liability company ("Johnson") Collectively, the City and
Johnson will be referred to as the "Parties "
Background
1. Johnson owns real property (the "Johnson Property") located at 20205 59th Ave S , Kent,
Washington, 98032 The legal description of the Johnson Property is attached as Exhibit A
The property is located near the Green River, along which the City is constructing the Boeing
Levee Improvement Project (the "Project").
2 To accommodate the City's Project, the City must acquire from Johnson —by power of
eminent domain, if necessary— a 15-foot-wide by roughly 328-foot-long portion of the Johnson
Property as indicated on the aerial photograph attached hereto as Exhibit B with the label
"Acquisition Area." The Acquisition Area totals 4,912 square feet and is legally described in
Exhibit C attached hereto
3 As part of the transaction, the City will grant back to Johnson a "Landscape and Lighting
Easement," in the form attached as Exhibit D hereto, over a five-foot wide strip of the acquisition
area The Easement area is also shown on attached Exhibit B (with the label "Easement Area"),
and the legal description is included in attached Exhibit D
4. The City also requires an 8,167-square-foot Temporary Construction Easement in the form
attached hereto as Exhibit F The legal description for the easement area is set forth in Exhibit F
5 The Parties acknowledge that unless the City constructs for Johnson an additional 542
square feet of landscaping, the City's Project would leave the Johnson Property legally
nonconforming as to landscaping. The Parties want to avoid any such nonconformity.
Now, therefore, the Parties agree as follows
City of Kent -Johnson Holdings Page i
Agreement
6. The City will pay to Johnson a total of$105,810.00 (the "Settlement Amount").
7. Payment will be made to Johnson as follows•
a A check in the amount of$47,900.00 (the"Escrow Amount') shall be deposited into
First American escrow account arranged by the City, the fees for which shall be paid
by the City, pending receipt of a partial deed release.
b. The balance of the Settlement Amount—$55,160.00—plus attorney fees in the
amount of$2,750 00, shall be paid by check (the "Settlement Check") made payable
to Johnson Property Holdings, LLC, and delivered to its attorney, Anne D Lawler, no
later than 14 calendar days after Johnson (i) delivers to the City an executed
"Vendor Setup Form" in the form attached hereto as Exhibit H, and (n) delivers into
escrow the fully executed Quit Claim Deed, Temporary Construction Easement and
Landscape and Lighting Easement, in the forms attached hereto as Exhibits E, F and
D, respectively The Settlement check shall total $57,910 00.
8. Johnson promises to deliver to the City (by mail or otherwise) the aforementioned Vendor
Setup Form no later than three business days after the date of this Agreement
9. As part of its Project, and in order to cure the nonconformity of landscaping that would
otherwise result from the Project,the City will—as part of the Project—install 542 square feet of
new landscaping on the Johnson Property in the locations shown on the two drawings attached as
Exhibit G The specific purpose of this new landscaping is to assure that the Johnson Property,
which presently conforms to City landscape requirements, will remain conforming after the
Project is constructed Accordingly, the City specifically represents and warrants that after it
constructs the additional landscaping contemplated by this paragraph, the Johnson Property will
conform to City of Kent landscape requirements after the City Project is constructed. The City will
further memorialize this Agreement by cross referencing this Agreement in the Quit Claim Deed
and in the City's records on this Property.
10 The City, through Project Engineer Tobias Hallock and other personnel that he may
designate, will work with Johnson to select temporary fencing, comparable to the fencing now on
the Johnson Property, for purposes of securing the Johnson Property during construction of the
Project The temporary fencing shall be installed at the City's cost, and shall be installed at a time
to be agreed upon by the Parties so as not to delay the City's Project and so as not to leave the
Johnson Property unsecured.
11 After Project completion, Johnson may install permanent cyclone fencing anywhere within
the new Landscape and Lighting Easement area that it chooses, and the City hereby agrees to
provide any necessary permits for such installation.
City of Kent-Johnson Holdings Page 2
12 After Project completion, the City shall pay for a boundary line survey of Johnson's new
west property line. The survey shall be limited to setting 5 rebars and caps at the following
locations, respectively the southwest corner, the northwest corner and 3 intermediate angle
points on the west property line The survey shall be recorded with the King County Recorder's
Office.
Johnson Proper ngs, LLC
B
Signature
Lisa M Johnson
Its: Chairman/CEO }�
DATE:
CITY OF KENT
B
ure
SVz.ette CooKe U
Its a..' 1te; lai- _s ,,._....�__ mcLyor
DATE: 7
Exhibit List
Exhibit A Legal description of the entire Johnson Parcel
Exhibit B Aerial photograph showing Acquisition Area, Landscape Easement Area and
Temporary Construction Easement Area
Exhibit C Legal description of Acquisition Area
City of Kent -Johnson Holdings Page 3
Exhibit D Form of Landscape and Lighting Easement (with legal description) to be accepted by
Johnson
Exhibit E Form of Quit Claim Deed (with legal description) to be executed by Johnson
Exhibit F Form of Temporary Construction Easement (including legal description) to be
executed by Johnson
Exhibit G Drawings that illustrate locations of landscaping"cure." One drawing shows general
location, and one shows detail
Exhibit H City of Kent Vendor Setup Form
City of Kent -Johnson Holdings Page 4
Pacific Northwest Title''
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Pacific Northwest Title Company
—EX1HT111-+c—
Order No. 1148943
Legal Description:
PARCEL A•
LOT 24 CITY OF KING LOT LINE ADJUSTMENT NO LL-2003-5,RECORDED UNDER RECORDING NO.
20030220002171,BEING DESCRIBED AS
A PORTION OF LOTS 24 AND 25 OF CITY OF KENT LOT LINE ADJUSTMENT NO LL-2002-24
RECORDED UNDER RECORDING NO 20021217002137,AND AMENDED BY RECORDING NO
20030116000929,BEING A PORTION OF LOTS 23 AND 24 OF PACIFIC GATEWAY BUSINESS PARK,AS
PER PLAT RECORDED IN VOLUME 197 OF PLATS, PAGES 62-11,RECORDS OF KING COUNTY
PARCEL B-
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS CONTAINED IN INSTRUMENT
RECORDED UNDER RECORDING NO 20030320001911 AND CORRECTION THEREOF RECORDED
UNDER RECORDING NO 20030011002567,EXCEPT ANY PORTION THEREOF LYING WITHIN THE.
ABOVE DESCRIBED MAIN TRACT
PARCEL C'
A NON-EXCLUSIVE EASEMENT FOR PURPOSES AS CONTAINED IN INSTRUMENT RECORDED
UNDER ACCORDING NO 20030320001912 AND CORRECTION THEREOF LYING WITHIN THE ABOVE
DESCRIBED MAIN TRACT,
Property Address:
20205 59th Place South
Kent, WA98032
Tax Account Number:
660021-0240-06
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EXHIBIT '
Tax Lot 6600210240
PNWTI #1148843
Parcel with Levee Use Restrictions
Lot 24 of City of Kent Lot Line Ad]ustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
BEGINNING at the northwest corner of said Lot 24; thence S89011'08"E, along the
north line thereof, 15.04 feet; thence S04043'32"W 140.19 feet; thence
S23052'20"W 75.03 feet; thence S20104'16"W 103.52 feet; thence S28043'18"W
8.38 feet to the south line of said Lot 24; thence N89111'08"W, along said south
line, 16.97 feet to the southwest corner of said Lot 24; thence northeasterly, along
the west line of said Lot 24, the following courses and distances; thence
N28043'18"E 15.19 feet; thence N20004'16"E 102.88 feet; thence N23052'20"E
73.00 feet; thence N04043'32"E 136.64 feet to the northwest corner of said Lot 24
and the TRUE POINT OF BEGINNING.
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EXHIBIT
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
GRANTOR: CITY OF KENT
GRANTEE: JOHNSON PROPERTY HOLDINGS, LLC.
SHORT LEGAL: Lot 24, KC LLA #LL-2003-5, RECORDING #200302200002171
ASSESSOR'S PROPERTY TAX PARCEL: 660021-0240
Project: BOEING LEVEE, Project #09-3009, PW2012-04
LANDSCAPE AND LIGHTING EASEMENT
WITNESSETH that the CITY OF KENT, a Washington municipal corporation
("Grantor"), for and in consideration of mutual benefits derived and other valuable
consideration, receipt of which is hereby acknowledged by Grantor, hereby grants
and conveys to JOHNSON PROPERTY HOLDINGS, LLC, a Washington limited
liability company ("Grantee"), a nonexclusive easement for landscape
maintenance, fencing, and lighting purposes, over, across, though and upon the
following described real property in King County, Washington ("Easement Area")
Refer to Exhibit "A" attached and made a part hereto
1. Purpose and Access. Grantee shall have the right to use the Easement
Area for the installation, maintenance and replacement of landscaping, fencing
and as well as to operate, maintain, repair, replace, and remove the following
which may exist in the Easement Area, which following items shall hereinafter be
referred to collectively herein as "Facilities": underground lines for electricity,
semi-buried or ground-mounted conduits, and light poles for the purpose of
providing lighting to a parking lot located outside of the Easement Area and
underground irrigation systems. Grantor and Grantee shall agree in good faith to
the to the initial location of such Facilities. If there are any future changes to the
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
Page 1 of 5
aforementioned Facilities, it shall be the responsibility of Grantee to obtain any and
all applicable permits from agencies, including Grantor, with jurisdiction over such
activities, before undertaking any repair or replacement of the Facilities As part of
its landscape activities, Grantee may erect, maintain and replace, at its sole cost
and expense, a chain-link fence (or other type of comparable fence) within the
Easement Area. Grantor reserves the right to require temporary removal of the
fence if Grantor determines, in its sole and absolute discretion, that such
temporary removal is necessary, provided that Grantor shall bear the cost of
restoring said fence in the same location and in substantially the same condition as
it existed immediately prior to the temporary removal, as well as restoring any
landscaping that might be disturbed and further provided that Grantor, at its cost,
shall provide Grantee with temporary security fencing reasonably acceptable to
Grantee during such temporary removal.
2. Easement Area Clearing and Maintenance. Subject to applicable laws
and regulations, Grantee shall have the right to cut, remove and dispose of any
and all brush, or other vegetation in the Easement Area, and to control, on a
continuing basis and by any lawful, prudent and reasonable means, the
establishment and growth of brush or other vegetation in the Easement Area,
provided that new vegetation shall be limited to low growing shrubs or trees, some
suitable examples of which are listed on Exhibit "B" attached hereto
3. Indemnity. Grantee accepts the Easement Area in its present physical
condition, AS IS. Grantee agrees to defend, indemnify and hold harmless Grantor
from and against claims, damages, liability, costs and fees (including attorneys'
fees and costs) incurred by Grantor as a result of Grantee's negligence in the
exercise of the rights herein granted to Grantee; provided, however, that nothing
herein shall require Grantee to indemnify Grantor for that portion of any such
liability attributable to the sole negligence of Grantor or the negligence of others
unless such others are agents of or otherwise under the control of Grantee.
4. Successors and Assigns. This Landscape and Lighting Easement shall
be a covenant running with the land, and shall bind Grantor and Grantee, and their
successors and assigns, and all future owners of the real property affected by this
easement.
City of Kent
Landscape/Lighting Easement — Johnson Prop. Holdings
Page 2of5
DATED this day of 1 Z0—•
GRANTOR:
CITY OF KENT
BY:
ITS:
Accepted by Grantee:
JOHNSON PROPERTY HOLDINGS, LLC
BY:
(Title)
(Notary Acknowledgements Appear on Next Page)
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
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:
-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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
Page 4of5
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
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 the instrument and acknowledged it as the
of 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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P\Civil\Forms\Deeds,Easements,QultCialmDeed,Leases\Landscape&Lighting Easement(DAG)V3 5-16-12 d¢
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
Page 5of5
Exhibit A
Tax Lot 6600210240
PNWTI #1148843
Landscaping and Lighting Easement
Lot 24 of City of Kent Lot Line Adjustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing at the northwest corner of said Lot 24; thence S89011108"E, along the
north line thereof, 10.02 feet to the TRUE POINT OF BEGINNING; thence continuing
along said north line, S89011'08"E 5.01 feet, thence S04043'32"W 140.19 feet;
thence S23052'20"W 75.03 feet; thence S20004'16"W 103.52 feet; thence
S28043'18"W 8.38 feet to the south line of said Lot 24; thence N89111'08"W, along
said south line, 5.66 feet; thence N28143'18"E 10.65 feet; thence N20104'16"E
103.30 feet; thence N23152'20"E 74.35 feet; thence N04143'32"E 139.01 feet to
the TRUE POINT OF BEGINNING.
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Exhibit B
City of Kent Recommended Landscaping Plants
Vine Maple
Red Flowering Currant
Snowberry
Tall Oregon Grape
Rhododendron
Sala]
Kinnikinnick
Sword Fern
Dull Oregon Grape
Wild Flowers
OLD REPUBLIC
EXHIBIT
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: Property Services
Grantor: Johnson Property Holdings LLC a Washington Limited Liability Company
Grantee: City of Kent
Abbreviated Legal Description: Ptns of Lot 24 King Co. LLA No. LL-2003-5
/SW 2-22-4
Additional Legal Description on:
Assessor's Tax Parcel ID No.: 660021-0240-06
Project Name: Boeing Levee Project #09-3009 (PW2012-004)
Document Date:
QUIT CLAIM DEED
(Limited Liability Company)
Johnson Property Holdings, LLC, a Washington Limited Liability Company,
("Grantor"), for and in consideration of mutual benefits derived and/or other
valuable consideration receipt of which is hereby acknowledged by Grantor,
conveys and quit claims to the City of Kent, a Washington municipal corporation
("Grantee"), all its interest, including any after acquired title, in the following
described real property parcels, situated in King County, Washington (the
"Property").
SEE EXHIBIT " A " ATTACHED
" Under the Threat of Condemnation"
QUIT CLAIM DEED (Limited Liability Company) - Page 1 of 4
The parties acknowledge that this grant would create a nonconformity with
Grantor's landscaping, but that the Grantee shall cure and eliminate this
nonconformity through the provision of additional landscaping as further
memorialized in a Settlement Agreement between Grantor and Grantee on record
with the City.
GRANTOR:
Johnson Property Holdings, LLC
By:
Title:
GRANTEE:
CITY OF KENT
BY:
ITS:
QUIT CLAIM DEED (Limited Liability Company) - Page 2 of 4
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
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 the instrument and acknowledged it as the
of 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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
QUIT CLAIM DEED (Limited Liability Company) - Page 3 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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
Name:
Kent City Attorney
P\Crvd\Forms'Deeds Enamema,QmtC aimDe4Leesea\QortclmmDaed-LLC 2012 do;
QUIT CLAIM DEED (Limited Liability Company) - Page 4 of 4
Exhibit A
Tax Lot6600210240
PNWTI #1148843
Parcel with Levee Use Restrictions
Lot 24 of City of Kent Lot Line Adjustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
BEGINNING at the northwest corner of said Lot 24; thence S89011`08"E, along the
north line thereof, 15.04 feet; thence S04043'32"W 140.19 feet; thence
S23°52'20"W 75.03 feet; thence S20°04'16"W 103 52 feet; thence S28043'18"W
8.38 feet to the south line of said Lot 24, thence N89"11'08"W, along said south
line, 16.97 feet to the southwest corner of said Lot 24; thence northeasterly, along
the west line of said Lot 24, the following courses and distances; thence
N28043'18"E 15.19 feet; thence N201104'16"E 102 88 feet; thence N23152'20"E
73.00 feet; thence N04143'32"E 136.64 feet to the northwest corner of said Lot 24
and the TRUE POINT OF BEGINNING.
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EXHIBIT
Temporary Construction Easement
THIS AGREEMENT made this day of 20_, by and
between Johnson Property Holdings LLC, ("Grantor"), and the CITY OF
KENT, a Washington municipal corporation ("Grantee").
WITNESSETH: That Grantor, for and in consideration of $10.00,
receipt of which is hereby acknowledged by Grantor, and in conjunction with
the Grantor's deed to Grantee in lieu of condemnation in connection with the
following described Project, do by these presents grant unto the Grantee a
temporary construction easement and right of entry, including reasonable
rights of ingress and egress, to be used only during construction of the -
Boeing Secondary Levee , Kent Project #09-3009 ("Project"), said temporary
easement and right of entry being through and across the following
described real property ("Property") situated in King County, Washington:
See Exhibit "A" attached and incorporated herein
The temporary construction easement and right of entry shall remain
in force during construction of the Project, and until such time as all of the
improvements constructed during, and pursuant to, the Project, and any
appurtenances thereto, have been accepted and approved for maintenance
and operation by the City of Kent. This temporary construction easement
shall terminate automatically upon the acceptance of the Project by the City.
This Agreement shall become effective upon the City of Kent's
issuance of the "Notice to Proceed" (Effective Date) pursuant to the
construction contract, to the city contractor on the Boeing Levee Project
#09-3009.
The Grantee will have the City's Owner Representative work with the
owners to select acceptable temporary fencing, comparable to what is now
on the property, and to be reasonably approved by the owners. If the
owners need temporary fencing early because they are still choosing to take
down their own fencing, the City will, at the City's cost, approve the early
installation of temporary fencing (up to 2 weeks early).
Grantee shall have the right, without prior institution of any suit or
proceeding at law, at such times as may be necessary, with at least two (2)
business days prior written notice to Grantor (except in the event of an
Page 1 of 6
emergency) to enter upon the Property for the purpose of construction of
improvements pursuant to the Project, provided that the construction of said
improvements shall be accomplished in such a manner that the existing
improvements and land contours existing on the Property shall not be
disturbed or destroyed, or in the event that 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. In addition, Grantee shall
use commercially reasonable efforts to avoid interfering with Grantor's
normal course of business on its adjacent property as Grantee exercises its
rights hereunder.
Grantee shall at all times exercise its rights under this temporary
construction easement and right of entry in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee shall defend, indemnify and
hold harmless Grantor from and against claims, damages, liability and fees
and costs (including attorneys fees and costs) incurred by or claimed against
Grantor as a result of Grantee's negligence in the exercise of the rights
herein granted to Grantee; provided, however, nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability
attributable to the sole negligence of Grantor or the negligence of others
unless such others are agents of or otherwise under the control of Grantee.
This indemnification shall survive the termination of this temporary
construction easement.
The rights granted by Grantor to Grantee under this agreement are for
the limited purpose of allowing Grantee entry on to the Property for
construction of the Project. Nothing herein shall be construed as a
conveyance of a real property interest from Grantor to Grantee.
GRANTOR:
Johnson Property Holdings, LLC
By:
Print name:
Its:
Date:
Page 2of6
GRANTEE:
THE CITY OF KENT
By:
Its:
APPROVED AS TO FORM:
Name:
Kent City Attorney
Page 3of6
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
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 the instrument and acknowledged it as the
of 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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 4 of 6
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 5 of 6
Exhibit A-)i
Tax Lot6600210240
PN WTI #1148843
Temporary Construction Easement
Lot 24 of City of Kent Lot Line Adjustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing at the northwest corner of said Lot 24; thence S891111'08"E, along the
north line thereof, 15.04 feet to the TRUE POINT OF BEGINNING; thence
S04043'32"W 140.19 feet; thence S23152'20"W 75.03 feet; thence S20104'16"W
103.52 feet; thence S28043'18"W 8.38 feet to the south line of said Lot 24; thence
S89011'08"E, along said south line, 27.82 feet; thence N20104'16"E 101.79 feet;
thence N23152'20"E 78.42 feet; thence N04143'32"E 146.12 feet to the north line
of said Lot 24; thence N891111'08"W, along said north line, 25.06 feet to the TRUE
POINT OF BEGINNING.
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EXHIBIT. F,i%-A t,,1 8 g K tV�3 QX
40 ❑ New Vendor
❑ Reactivate ZVendor
�"�' Vendor Set-up Form ❑ Address Change
W A S k I N G T O N To be fitted out by Vendor ONLY vendor Number
FINANCE
220 Fourth Avenue South • Kent,WA 98032-5895 •Phone: (253) 856.5235 a Fax: (253)856-62DO
• • •MMU An incomplete form will create a delay in our payment(s)to you and your payment(s)
could be subject to the IRS required back-up withholding.
Name,as it will appear on check (NO ABBREVIATIONS) Doing Business As(If drfferent than name on check)
Payment Address Business Address
City State Zip City State Zip
f }
Phone Number Accounts Receivable Contact
• check the appropriate bax
❑ Corporation ❑ Government Agency ❑ Individual/SDie Proprietor ❑ Non-Profit ❑ Partnership
• . This business is —�
❑ Minority Owned ❑ Women Owned ❑ Both Minority and Women Owned ❑ Neither
Will you provide medical services to the City of Kent? ................. .................................. ...........Yes No
Will you provide legal services to the City of Kent? ....................................................................Yes No
Will you provide services other than medical or legal to the City of Kent?. .................... .......... .Yes No
Will you provide parts, supplies or materials to the City of Kent?.................................... .............Yes No
Do you pay sales tax to the State of Washington?........................................................................Yes No
if exem f from Form 1099 reporting, and check your qualifying exemption reason below:
❑ 1. Corporation, except there is no exemption for medical and healthcare payments
or payments for legal services
❑ 2. Tax Exempt Chanty under 501(a),or iRA
❑ 3. The United States or any of its agencies or instrumentalities
❑ 4. A state,the District of Columbia,a possession of the United States, or any of their political subdivisions
❑ 5. A foreign government or any of its political subdivisions
Name (Owner of the Tax Payer Identification Number(EIN or SSN)as name appears on IRS or Social Security
Administration Records):
ocial Security#: or Federal TIN:
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be
issued to me)and,
2. 1 am not sub)ect to backup withholding because: (a)I am exempt from backup withholding, or(b) 1 have not been
notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to
report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding.
• Signature w Date
6c 27271ndd•2104
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: Property Services
Grantor: Johnson Property Holdings LLC a Washington Limited Liability Company
Grantee: City of Kent
Abbreviated Legal Description: Ptns of Lot 24 King Co. LLA No. LL-2003-5
/SW 2-22-4
Additional Legal Description on:
Assessor's Tax Parcel ID No.: 660021-0240-06
Project Name: Boeing Levee Protect #09-3009 (PW2012-004)
Document Date:
QUIT CLAIM DEED
(Limited Liability Company)
Johnson Property Holdings, LLC, a Washington Limited Liability Company,
("Grantor"), for and in consideration of mutual benefits derived and/or other
valuable consideration receipt of which is hereby acknowledged by Grantor,
conveys and quit claims to the City of Kent, a Washington municipal corporation
("Grantee"), all its interest, including any after acquired title, in the following
described real property parcels, situated in King County, Washington (the
"Property").
SEE EXHIBIT " A " ATTACHED
" Under the Threat of Condemnation"
QUIT CLAIM DEED (Limited Liability Company) - Page 1 of 4
The parties acknowledge that this grant would create a nonconformity with
Grantor's landscaping, but that the Grantee shall cure and eliminate this
nonconformity through the provision of additional landscaping as further
memorialized in a Settlement Agreement between Grantor and Grantee on record
with the City.
GRANTOR:
Johnso Pr e olds g , LLC
By:
Title: I`t�ll
GRANTEE:
CITY OF FAT
BY:
ITS:
QUIT CLAIM DEED (Limited Liability Company) - Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the person whose true signature
appears on this document.
On this LZ kd day of J GJ 2012, before me personally
appeared LiS� V" - me known to be a member of Johnson
Property Holdings, LLC, the limited liability company that executed the within
and foregoing Instrument, and acknowledged the said Instrument to be the free and
voluntary act and deed of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute said
Instrument.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
�#0NNE TN09��i, Not Public In and for the State of
�.�a'1: p � Wa Ington, residing at 1C ��- , I,�!✓�
Al I MOT11Rr "''�* ? My o mission expires: 0 (3- 13
_ V &I r t �� 1 u✓ �t+T/Y�
[Type or Print Notary Name]
%
(Use This Space for Notarial Seal Stamp)
QUIT CLAIM DEED (Limited Liability Company) - Page 3 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: V C
-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.
•gyp, SRIc �''4
cO �,�t�y q�•,
(Sign ure)
i N '0vs4`� 0 = NOTARY PUBLIC, in and for the State
i y*
'h,,,T•�8-�6�'' '� of Washington, residing at ,
�Z1 ISO �twASN��s=
My appointment expires
APPROVED AS TO FORM:
Name:- r , ; Gt
Kent City Attorney
C\DOCUME—IUv11CHEL—I\LOCALS-1\Temp\MetaSaveVohnson-City of Kent-Qwt Claim Deed(006028 5 8-2)DOCX
QUIT CLAIM DEED (Limited Liability Company) - Page 4 of 4
Exhibit A
Tax Lot 6600210240
PN WTI #1148843
Parcel with Levee Use Restrictions
Lot 24 of City of Kent Lot Line Adjustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
BEGINNING at the northwest corner of said Lot 24; thence S89111'08"E, along the
north line thereof, 15.04 feet; thence S04143'32"W 140 19 feet; thence
S231152'20"W 75.03 feet; thence S20104'16"W 103 52 feet, thence S281,43'18"W
8.38 feet to the south line of said Lot 24, thence N89011'08"W, along said south
line, 16.97 feet to the southwest corner of said Lot 24; thence northeasterly, along
the west line of said Lot 24, the following courses and distances; thence
N281143'18"E 15.19 feet; thence N20004'16"E 102.88 feet, thence N231,52'20"E
73.00 feet; thence N04143'32"E 136.64 feet to the northwest corner of said Lot 24
and the TRUE POINT OF BEGINNING.
y�� °
o�
S'�A'AL A13�SJ
�Z
Temporary Construction Easement
THIS AGREEMENT made this day of 20_, by and
between Johnson Property Holdings, LLC, ("Grantor"), and the CITY OF
KENT, a Washington municipal corporation ("Grantee").
WITNESSETH: That Grantor, for and in consideration of $10.00,
receipt of which is hereby acknowledged by Grantor, and in conjunction with
the Grantor's deed to Grantee in lieu of condemnation in connection with the
following described Project, do by these presents grant unto the Grantee a
temporary construction easement and right of entry, including reasonable
rights of ingress and egress, to be used only during construction of the -
Boeing Secondary Levee , Kent Project #09-3009 ("Project"), said temporary
easement and right of entry being through and across the following
described real property ("Property") situated in King County, Washington:
See Exhibit "A" attached and incorporated herein
The temporary construction easement and right of entry shall remain
in force during construction of the Project, and until such time as all of the
improvements constructed during, and pursuant to, the Project, and any
appurtenances thereto, have been accepted and approved for maintenance
and operation by the City of Kent. This temporary construction easement
shall terminate automatically upon the acceptance of the Project by the City.
This Agreement shall become effective upon the City of Kent's
issuance of the "Notice to Proceed" (Effective Date) pursuant to the
construction contract, to the city contractor on the Boeing Levee Project
#09-3009.
The Grantee will have the City's Owner Representative work with the
owners to select acceptable temporary fencing, comparable to what is now
on the property, and to be reasonably approved by the owners. If the
owners need temporary fencing early because they are still choosing to take
down their own fencing, the City will, at the City's cost, approve the early
installation of temporary fencing (up to 2 weeks early).
Grantee shall have the right, without prior institution of any suit or
proceeding at law, at such times as may be necessary, with at least two (2)
business days prior written notice to Grantor (except in the event of an
Page 1 of 6
emergency) to enter upon the Property for the purpose of�construction of
improvements pursuant to the Project, provided that the construction of said
improvements shall be accomplished in such a manner that the existing
improvements and land contours existing on the Property shall not be
disturbed or destroyed, or in the event that 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. In addition, Grantee shall
use commercially reasonable efforts to avoid interfering with Grantor's
normal course of business on its adjacent property as Grantee exercises its
rights hereunder.
Grantee shall at all times exercise its rights under this temporary
construction easement and right of entry in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee shall defend, indemnify and
hold harmless Grantor from and against claims, damages, liability and fees
and costs (including attorneys fees and costs) incurred by or claimed against
Grantor as a result of Grantee's negligence in the exercise of the rights
herein granted to Grantee; provided, however, nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability
attributable to the sole negligence of Grantor or the negligence of others
unless such others are agents of or otherwise under the control of Grantee.
This indemnification shall survive the termination of this temporary
construction easement.
The rights granted by Grantor to Grantee under this agreement are for
the limited purpose of allowing Grantee entry on to the Property for
construction of the Project. Nothing herein shall be construed as a
conveyance of a real property interest from Grantor to Grantee.
GRANTOR:
:Jo,nso P erty Ho ings, LLC
r
Print name: kAil
Its: 44
Date:
Page 2 of 6
GRANTEE:
THE CITY OF KENT
By:
Itst
APPROVED AS TO FORM:
Name:
Kent City Attorney
Page 3of6
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the person whose true signature
appears on this document.
On this � day of 2012, before me personally
appeared L:isr- itn3t� , to me known to be a member of Johnson
Property Holdings, LLC, the limited liability company that executed the within
and foregoing Instrument, and acknowledged the said Instrument to be the free and
voluntary act and deed of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute said
Instrument.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
TNp � y
N.- N ar Public in and for the State of
h
................'pro shington, residing at W1+
commission expires: No - 13 -(3
NOTARY
i
[Type or Print Notary Name]
y'W-'�Fi4ti AS
(Use This Space for Notarial Seal Stamp)
Page 4 of 6
III y
IIII I^ 119
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfa I that Suzette ooke is the
person who appeared before me, and said ledged that s signed this
instrument, on oath stated that she was xecute the in rument and
acknowledged it as the Mayor of the City he free and vo' ntary act of
such party for the uses and purposes men t trument.
Dated:
-Notary Seal Must Ap -
IN WITNESS WHEREOF, I have y hand and icial seal
the day and year first above written.
?. BRIG ),
OtAR�
i v s r_ - a�
• (Signa
: z :
�o ^ NOTA nd for thp Stat
of Was g at
'�,��y�',,�_18•�,.-\�,c�_
My ap es
age 5 of 6
Exhibit A-1
Tax Lot6600210240
PNWTI #1148643
Temporary Construction Easement
Lot 24 of City of Kent Lot Line Adjustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing at the northwest corner of said Lot 24; thence S89011'08"E, along the
north line thereof, 15.04 feet to the TRUE POINT OF BEGINNING; thence
SO4°43'32"W 140.19 feet, thence S23152'20"W 75.03 feet; thence S20004'16"W
103 52 feet; thence S28043'18"W 8.38 feet to the south line of said Lot 24; thence
S89011'08"E, along said south line, 27.82 feet; thence N20104'16"E 101.79 feet;
thence N23152'20"E 78.42 feet; thence N04143'32"E 146.12 feet to the north line
of said Lot 24; thence N89011'08"W, along said north line, 25.06 feet to the TRUE
POINT OF BEGINNING.
p. fol
�A LAB+
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R �6 C)+1
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
GRANTOR: CITY OF KENT
GRANTEE: JOHNSON PROPERTY HOLDINGS, LLC.
SHORT LEGAL: Lot 24, KC LLA #LL-2003-5, RECORDING #200302200002171
ASSESSOR'S PROPERTY TAX PARCEL: 660021-0240
Project: BOEING LEVEE, Project #09-3009, PW2012-04
LANDSCAPE AND LIGHTING EASEMENT
WITNESSETH that the CITY OF KENT, a Washington municipal corporation
("Grantor"), for and in consideration of mutual benefits derived and other valuable
consideration, receipt of which is hereby acknowledged by Grantor, hereby grants
and conveys to JOHNSON PROPERTY HOLDINGS, LLC, a Washington limited
liability company ("Grantee"), an exclusive easement for landscape maintenance,
fencing, and lighting purposes, over, across, though and upon the following
described real property in King County, Washington ("Easement Area"), subject to
the terms and conditions contained herein.
Refer to Exhibit "A" attached and made a part hereto
1. Purpose and Access. Grantee shall have the right to use the Easement
Area for the installation, maintenance and replacement of landscaping and fencing
as well as to operate, maintain, repair, replace, and remove the following which
may exist in the Easement Area, which following items shall hereinafter be referred
to collectively herein as "Facilities": underground lines for electricity, semi-buried
or ground-mounted conduits, and light poles for the purpose of providing lighting
to a parking lot located outside of the Easement Area and underground irrigation
systems. Grantor and Grantee shall agree in good faith to the initial location of
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
Page 1 of 5
such Facilities. If there are any future changes to the aforementioned Facilities, it
shall be the responsibility of Grantee to obtain any and all applicable permits from
agencies, including Grantor, with jurisdiction over such activities, before
undertaking any repair or replacement of the Facilities. As part of its landscape
activities, Grantee may erect, maintain and replace, at its sole cost and expense, a
chain-link fence (or other type of comparable fence) within the Easement Area.
Grantor reserves the right to require temporary removal of the fence if Grantor
determines, in its sole and absolute discretion, that such temporary removal is
necessary, provided that Grantor shall bear the cost of restoring said fence in the
same location and in substantially the same condition as it existed immediately
prior to the temporary removal, as well as restoring any landscaping that might be
disturbed and further provided that Grantor, at its cost, shall provide Grantee with
temporary security fencing reasonably acceptable to Grantee during such
temporary removal.
2. Easement Area Clearing and Maintenance. Subject to applicable laws
and regulations, Grantee shall have the right to cut, remove and dispose of any
and all brush, or other vegetation in the Easement Area, and to control, on a
continuing basis and by any lawful, prudent and reasonable means, the
establishment and growth of brush or other vegetation in the Easement Area,
provided that new vegetation shall be limited to low growing shrubs or trees, some
suitable examples of which are listed on Exhibit "B" attached hereto
3. Indemnity. Grantee accepts the Easement Area in its present physical
condition, AS IS. Grantee agrees to defend, indemnify and hold harmless Grantor
from and against claims, damages, liability, costs and fees (including attorneys'
fees and costs) incurred by Grantor as a result of Grantee's negligence in the
exercise of the rights herein granted to Grantee; provided, however, that nothing
herein shall require Grantee to indemnify Grantor for that portion of any such
liability attributable to the sole negligence of Grantor or the negligence of others
unless such others are agents of or otherwise under the control of Grantee.
4. Successors and Assigns. This Landscape and Lighting Easement shall
be a covenant running with the land, and shall bind Grantor and Grantee, and their
successors and assigns, and all future owners of the real property affected by this
easement.
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
Page 2 of 5
DATED this day of , 20_.
GRANTOR:
CITY OF KEN
BY:
ITS:
Accepted by Grantee:
1
JOHN ON E O RTY OLDINGS, LLC
BY: II i
(Title) 1 l
(Notary Acknowledgements Appear on Next Page)
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
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: f �q' Ze'lZ
-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.
C_.,/V
(Signature)
Z = NOTARY PUBLIC, in and for th tate
� -- o :
6,= _ of Washington, residing at
My appointment expires 17'
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
Page 4 of 5
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the person whose true signature
appears on this document.
On this day of 2012, before me personally
appeared L,S� to me known to be a member of Johnson
Property Holdings, LLC, the limited liability company that executed the within
and foregoing instrument, and acknowledged the said Instrument to be the free and
voluntary act and deed of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute said
Instrument.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
"NE T11111% , Nota4rT
Public in and for the State of
Wasgton, residing at �<ek,,�- w !�
�.��a� ��► M cmission expires: 0t� -13-�3
`l�o
—�
[Type or Print Notary Name]
ob
13
(Use This Space for Notarial Seal Stamp)
City of Kent
Landscape/Lighting Easement - Johnson Prop. Holdings
Page 5of5
Exhibit A
Tax Lot 6600210240
PNWTI #1148843
Landscaping and Lighting Easement
Lot 24 of City of Kent Lot Line Adjustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing at the northwest corner of said Lot 24; thence S89111'08"E, along the
north line thereof, 10.02 feet to the TRUE POINT OF BEGINNING; thence continuing
along said north line, S89111'08"E 5.01 feet; thence S04043'32"W 140.19 feet;
thence S231152'20"W 75.03 feet; thence S20004'16"W 103.52 feet; thence
S28043118"W 8 38 feet to the south line of said Lot 24, thence N89011'08"W, along
said south line, 5.66 feet; thence N28143'18"E 10.65 feet; thence N20004'16"E
103.30 feet; thence N23152'20"E 74.35 feet; thence N04143'32"E 139.01 feet to
the TRUE POINT OF BEGINNING.
�p. PA �
♦p�� A yJ
/ lZ
Exhibit B
City of Kent Recommended Landscaping Plants
Vine Maple
Red Flowering Currant
Snowberry
Tall Oregon Grape
Rhododendron
Sala]
Kinnikinnick
Sword Fern
Dull Oregon Grape
Wild Flowers
Return Address:
City of Kent
Engineering/Property Services
220 4th Avenue South
Kent, WA 98032-5896
WASMNGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein). All areas applicable to
your documents must be filled in.
1. Restrictive Covenants
2.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document.
Grantor(s) (Last name first, then first name and initials)
1.0ty of Kent
2.
3.
❑ Additional names on page _ of document.
Grantee(s) (Last name first, then first name and initials)
1. Cr , �� 0� kor� /
2
3.
❑ Additional names on page _ of document.
Legal descriptions (abbreviated: i.e. lot, block, plat or section, township,
range) SW 1/4 Sec 2-2ii21l-4, Lot 24 KCLLA # LL-2003-5, rec#2003002200002171
X Full legal on page `T of document.
Assessor's Property Tax Parcel/Account Number: 660021-0240
❑ Assessor Tax # not yet assigned.
The Auditor/Recorder will rely on the information provided on the form. The staff
will not read the document to verify the accuracy or completeness of the indexing
information provided herein.
Upon recording return to:
Department of Public Works / Engineering
City of Kent
2220 Fourth Avenue South
Kent, WA 98032-5895
Attn: Property Services
Restrictive Covenants
Levee Parcel
Tax Lot #660021-0240-06, j402-0/2- -OQLl
Notice is hereby given that the Johnson Property Holdings, LLC property
acquisition, hereinafter referred to as the " Johnson Property Holdings "
property, more particularly described in Exhibit "A," is subject to the use
restrictions listed below. The purpose of these restrictions is to prevent this land
from future development and to ensure that the Johnson Property Holdings
property will be used to enhance the Green River Levee system in perpetuity while
allowing public access.
These restrictions are a condition of the grant funding appropriated by the
Department of Ecology through the 2009 Washington State Legislature under
Section 3055 of Engrossed Substitute House Bill 1216 to repair the Green River
Levee that protects communities in the Kent Valley from flooding and are
enforceable by Ecology.
Uses of the Johnson Property Holdings property are restricted as set
forth below. These restrictions and obligations are intended to run with the land
and shall be binding on the city of Kent, its heirs, successors, and assigns:
1) Enhancing the Green River Levee to protect the Kent Valley from
flooding;
2) Maintaining vegetation and providing new native vegetation as
necessary to prevent levee erosion and to manage the growth of non-
native exotic species (such as Reed Canary grass, purple loosestrife,
etc.);
3) Allowing for inspection, maintenance, repair, and necessary
reconstruction of the levees;
4) Allowing for levee access where reasonably practicable to do so;
5) Maintaining and improving the levee system for the enhancement of
fish and wildlife habitat as deemed appropriate.
6) Providing for open space as deemed appropriate; and
7) Restricting acquisition areas from future development other than
required for levee improvements.
Restrictive Covenant
City of Kent
0
Legal Description of Acquisition Area, is attached as Exhibit "A"
In t ess whereof, the City of Kent has executed this document this day of
, 20 / 2' , at Kent, Washington.
C OF KENT
t Authorized Official
4ur
U4e—
Pr Name of Authorized Official
Ti of A t orized Official
S E OF WASHINGTON )
) ss.
C TY OF KING )
I certify that I know or have sati factory evidence that Suzette Cooke is the
pe n who appeared before me, ands lid person acknowledged that she signed this
in ment, on oath stated that she w is authorized to execute the instrument and
ac wledged it as the Mayor of the Ci y of Kent to be the free and voluntary act of
su party for the uses and purposes m ntioned in the instrument.
Da
-Notary Sea!M st Appear Within This Box-
IN WITNESS WHEREOF, I hav hereunto set my hand and official seal the
�►l�t? ry,first above written.
! ttff i
v 'SS.NaNgpi'�l
—a' w1V ,C(I�
hs
,OPTA'41 �
— . p=
(Sic riature)
j&ev° =2 NO ARY PUBLIC, in and for the State
of ashington, residing at /�t_�
IiiI1HN�.�� (9 ;
i OF WA H01 �` My ppointment expires
P\Ci Iles�ppen Files\0177-2011 Public Works General\Levee restrict a covenant door
Re tive Covenant
Cit Kent
Exhibit A
Tax Lot 6600210240
PNWTI #1148843
Parcel with Levee Use Restrictions
Lot 24 of City of Kent Lot Line Adjustment Number LL-2003-5, recorded under King
County Recording Number 20030220002171, in the northeast quarter of the
southwest quarter of Section 2, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
BEGINNING at the northwest corner of said Lot 24; thence S89011'08"E, along the
north line thereof, 15.04 feet; thence S04043'32"W 140.19 feet; thence
S23052'20"W 75.03 feet; thence S201104'16"W 103.52 feet; thence S28043'18"W
8.38 feet to the south line of said Lot 24; thence N89011'08"W, along said south
line, 16.97 feet to the southwest corner of said Lot 24; thence northeasterly, along
the west line of said Lot 24, the following courses and distances; thence
N28043'18"E 15.19 feet; thence N20004'16"E 102.88 feet; thence N23052120"E
73.00 feet; thence N04043'32"E 136.64 feet to the northwest corner of said Lot 24
and the TRUE POINT OF BEGINNING.
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REQUEST FOR MAYOR'S SIGNATURE
•NT Please Fill in All Applicable Boxes
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Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Ingrid 1Nilims-Dixon Phone (Originator): 856-5519
Date Sent: Jul 16", 2012 Date Required: Jul 18`h, 2012
Return Signed Document to: Ingrid CONTRACT TERMINATION DATE: N/A
VENDOR NAME: Johnson Property DATE OF COUNCIL APPROVAL: 2/15/11
Holdings
Brief Explanation of Document:
Please find attached the Settlement Agreement, Quit Claim Deed, Temporary
Construction Easement, Landscpaing and Lighting Easement and a Restictive Covenant
for the last remaining Boeing Levee Project parcel.
All Contracts Must Be Routed Through The Law Department
Shy area to be completed by the Law Department)
ECEIVE
Received:
Approval of Law Dept.: JUL 17 2012
Law Dept. Comments:
KENT LAW DEPT
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration St ff
Received:
DECEIVE
Recommendations and Comments:
�—
Disposition: 711f/6 City of Kent
ice of the Mayoi
Date Returned: