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Home My WebLink AboutPW12-254 - Original - Vasiliy Zhuravel and Lyuybov Zhyuravel - Temporary Construction Easement SE 256th - 10/1/12 PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P E. Design Engineering Manager 400 West Gowe 4400 • Kent, WA 98032 \S7 KENT Fax- 253-856-6500 WAIHINGTON PHONE: 253-856-5500 Temporary Construction Easement THIS AGREEMENT made this I day of C-4v. 20 1Z-, by and between Vasiliy Zhuravel and Lyubov Zhuravel, ("Grantor"), and the CITY OF KENT, a Washington municipal corporation ("Grantee"). WITNESSETH: That Grantor, for and in consideration of $10.00 and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, 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 SE 256th Street Improvements ("Project"), said temporary easement and right of entry being through and across a portion of the following described real property, being Tax Parcel No. 216140-0010 Kent reference No. PW2012- 103 situated in King County, Washington, being more particularly described in Exhibit A ("Property"). 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 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 SE 256th Street Improvements Project # 09-3012R. 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 emergency) to Qnter 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 Page 1 of 6 PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P E Design Engineering Manager 400 West Gowe 4400 so Kent, WA 98032 \11,47 K E N T Fax 253-856-6500 W A 5 F I N G T O N PHONE: 253-856-5500 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. 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. GR77/)-- AL��'G GRANTOR: %,/ By: VCf ` � f-��12a VAC By, ��Gi- f/4 Dated: le-- e'/ - 12, Dated: 0( - 12-. Page 2 of 6 PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P E Design Engineering Manager 400 West Gowe 440 Kent, WA 98032 KENT Fax 253-856-6500 WAS N IN G T O N PHONE: 253-856-5500 GRANTEE: THE CITY OF KENT By: Its• APPROVED AS TO FORM: (It^,- Na n e: 'TVA& 13{W VY-d� Kent City Attorney Page 3 of 6 PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P E Design Engineering Manager 400 West Gowe 440 • Kent, WA 98032 \s7rK r 1 Fax 253-856-6500 W n 5 H i N c r o to PHONE. 253-856-5500 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Vct_s- / V , I- u4 is the person who appeared before me, and said person acknowledged that h�e she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: f �I rl12 -Notary Sea!Must Appear Within This Box- `ra t HERE I have hereunto set my hand and official seal the day Box- and ear al. ..... 4r ten.. NOTtA�l ARY --�_ ' p _ (Sign r ) NOTARY PUBLIC in and for the State m S 27 2°1�,�°�� of Washington, residing at `� WASH% My appointment expires i Page 4of6 PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P E. Design Engineering Manager 400 West Gowe • Kent, WA 98032 Z00110 K E N T Fax 253-856-6500 WASHINGTON PHONE: 253-856-5500 STATE OF WASHINGTON ) ss. COUNTY OF KING ) 1 , I certify that I know or have satisfactory evidence that J'`L"1(7 L` 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 to be the free and voluntary act of such party for the uses and purposes mentioned in the Instrument. Dated• to Z _ -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and ye�is%f t'�ISxe written. H41ARY `y SI ( 9 ) na re , f NOTARY PUBLIC, in and for the State ` tv 21 2 ��'R,``�\ of Washington residing at Wl;t�� My appointment expires Page 5of6 PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P E Design Engineering Manager 400 West Gowe Kent, WA 98032 KEN T Fax 253 856 6500 WASH i NGTO N PHONE: 253-856-5500 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: /DMZ//Z -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. .a y (Sign/ature) NOTARY PUBLIC, In and for the State o � 02_ of Washington, residing at tPO' nab„�...,�` AZF WASN��0 My appointment expires Page 6of6 Exhibit A Tax Lot 2161400010 PNWTC #684717 The north 5.00 feet of Lot 1, East Hill Gardens, according to the plat thereof recorded in Volume 51 of Plats, page 77, in King County, Washington; the south line of said north 5.00 feet being parallel with the north line of the northeast quarter of Section 29, Township 22 North, Range 5 East, W M. 4* MFq or"vCO o- A LL REQUEST FOR MAYOR'S SIGNATURE �✓ ICtNT Please Fill in All Applicable Boxes Nryn u..rn Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ingrid Willms-Dixon Phone (Originator): 5519 Date Sent: October 1 2012 Date Required: October 3 2012 Return Signed Document to:Willms-Dixon CONTRACT TERMINATION DATE: N/A VENDOR NAME: Vasiliy Zhuiravel and DATE OF COUNCIL APPROVAL: N/A L ubov Zhuravel Brief Explanation of Document: Temporary Construction Easement for use during construction on S.E. 256th Street Improvements Project, All Contracts Must Be Routed Through The Law Department Fyhls�reattoo bed cgmplleted by the Law Department) :F 6FsaL� I..) Received: OCT 022012 Approval of Law Dept.: Law Dept. Comments: E , DEPT Date Forwarded to Mayor: ' C!ty of Kerb Shaded Areas To Be Completed By Administrati Received: r 7, ��i �l Recommendations and Comments: CITY OF K=at CITY CLERK Disposition; Date Returned: