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HomeMy WebLinkAboutPW15-028 - Original - Cascade Tukwila, LLC - Settlement 18251 Cascade Ave - 1/28/15 REQUEST FOR MAYOR'SSIGNATURE IC 0 T Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Kelly Casteel APPROVALS: Date Sent: 2/2/15 DATE OF COUNCIL APPROVAL: 9/2/14 Return Signed Document to: Kelly Casteel DATE OF CHIEF ADMINISTRATIVE OFFICER APPROVAL: VENDOR NAME: DATE OF FINANCE DIRECTOR APPROVAL: Date Re uired: ASAP Phone (Originator):5561 BUDGETED: YES ❑ NO ❑ FUND: Brief Explanation of Document: Settlement Agreement — Cascad ' Tukwila LLC — Property located at 18251 Cascade Ave S. Condemnation Ordinance #4123 All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: ix& It f ", i� Approval of Law Dept.: IiX Law Dept. Comments: [Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: i J Recommendations and Comments: .-!., �_i J/--<.+ fir'`�f,/r,__y- !Jd f�'�' .r.' f`: � � ,, d,�• �v1 t 1 Cgr�F:k Date Returned: J v ley✓a 7 H / F / 2a. Ott l 6 is „f E i I S' ttlement Agreement riscoe-Desimone Reach 1.Levee Project Ci y of Kent PrnjectNumber: PW2013-169 j Owner. Cascade Tukwila LLC,a Washington Limited Liability Company King ounty Tax Parcel Number: 788890-0150-01 Address 18251 Cascade Avenue S.,Tukwila,WA 98188 This Settlement Agreement (" greement') in entered into this 28th day of January 2015 between the City of Kent,Washington,i i Municipal Corporation ("Kent"or"`the City") and Cascade Tukwila LLC, Washington Limited Li bility Company("Cascade"), The City and Cascade will be referred to as he"Parties." Background 1. Cascade owns real pro erty(the"Cascade Property's located at 18251 Cascade Avenue S., Tukwila,WA 98188. The prof erty is located along the Green River,where the City is constructing the B iscoe-Desimone Reach I Levee Project(the"Project"). 2. To accommodate the C 's Project,'the City requires from Cascade certain property and property rights,as follows:a fee flaking of�6,077 square feet("s.E'7 of property, 11,000 s.f.of which is already burdened byUhl;County easements related to the existing levee;and a River Prote lion Easement over an rea of 5,512 s.f In addition,the City requires a temporary cans ction easement("TCE") over 17,677 s,£of the Cascade Property. 3. Exhibit A attached to it,is Agreementvisually depicts the areas of the fee taking,the River Prote lion Easement,and the CE. Additional exhibits are attached as described below. Agreement 4. On or before February 7,2015,the City will pay to Cascade,by check made payable to Casca ie Tukwila LLC,the luml i sum of$104,720.00 (One Hundred Four Thousand Seven Hundred Twen yDollars) (the"Settlement Amount"), 5. The Settlement Amoun constitutes;full and final payment of just compensation in settle ent of any and all claims,counterclaims,cross-claims and complaints of each party against the ot ier related to the City's taking from and/or damaging of the Cascade Property,including but not Ili ifted to just compensation for the taking and/or damaging of property and/or property rights i city of Kent/CascadeSettlem Agreement;- 6. In addition to payment of the Settlement Amount,the City shall: a. Remove and re' stall the existing chain link gate. b. Provide tempor iry construction fencing while the existing chain link fence is removed. c. Temporarily reI sate the existing garbage dumpsters during construction and remove and dispose of existing garbage enclosure. i d. Close access to I he back parking area during construction except van/truck access to the side roll r.p door. e. Open a drive aisle to allow access to remaining parking stalls outside the Temporary Construction E ement area, f. Permit tempo ra on-street parking with the City of Tukwila during construction. g. Restore the Ten porary Construction Easement in equal or better condition. 7. Upon receipt of fsimult neous with delivery by the City of the Settlement Amount refer need in paragraph 4 abc ve,Cascade shall deliver to the City the following documents: a. An executed Qui I t Claim Deed to the 11,077-s.f.fee take area in the form attached as Exhibit E; b. An executed Riv r Protection Easement over 5,512 s.f. of the Riverpoint Property in the form attachc d as ExhibitC; and a An executed Ter porary Construction Easement over 17,677 s.f.of the Riverpoint Property in the I orm attached as Exhibit D. it d. An executed Arb nowledgment(regarding lender rights) in the form attached as Exhibit E. i e. An executed Exc se Tax Affidavit in the form attached as Exhibit F. 8. No later than February 3,2015,Cascade shall deliver to the City a completed "Vendor Infor ation Set-Up Form"in e form attached as Exhibit G,as well as a copy of Cascade's Ope ng Agreement as confir mation that''David R. Moffett is the Managing Member with author ity to sign the required 4 leed and easements. The Parties agree to execute any other docun ents that maybe necess ry to give effect to this Agreement � I City of(Kent/Careade Settlemeni Agreement 2 i I � { Cascade Tukwila LLC, a Washington Limited Liability Company i By David R Moffett,Managing KqAer Ali CITY OF KENT 13V Mayor nr°' ', 'Approved: TA Brubaker,City Attorney Exhibit List Exhibit A Drawing depicting the acquisition and easement areas Exhibit B Form of juit Claim Deed Exhibit C Form of iver Protection Easement Exhibit D Form of emporary Construction Easement j i Exhibit E Acknowl dgment(regarding tender rights) i Exhibit F Excise T Affidavit Form Exhibit G City of K nt Vendor Set-Up Form . ..,.. .7 City Kent/Cascade Settlem tAgreement 0 - b ! i A EXHIBIT 1 ' w I I I 4ym p6r / <0N / �m3 r6 G4 N R@lER � ff gG / � E l bS— b• R BI fg ' err � ! I i ICI e i H1131T _:-- PROPOSED TEMPORARY CONSTRUCTION \ r EASEMENT AREA 17,677 S.F., EXISTING 3D' WIDE KING CO. RIVER PROTECTION EASEMENT PER 5222050, _ - 5596236, 8511121059 k 9309021331 = EXISTING PROPERTY LINE - ---W- -_ -__-.. PROPOSED PARCEL i r WITH RESTRICTI LEVEgONS U5E ' EXISTING 10' WIDE -_ UTILITY EASEMENT ' ---- -----_ - PER 7905011DOS -= -Wy-- PILE PROPWALL SHEET PROPOSED TRAIL EXISTING PROPERTY LINE CASCADE TUKWILA LLC \ - j. 18251 CASCADE AVE.S.If :_ I TAX LOT-788890D15D I r r ram. ".F�- WALL HEIGHT=9.1' LOT 24, +' FROM EXISTING GROUND TO TUKWILASP ' _ TOP OF CONCRETE BARRIER) j _ I r PROPOSED _ \ TEMPORARY EASEMENGTION EXISTING _ ----_ PROPERTY LINE EXISTING 10' WIDE CASCAp�A� �\ PER 8 111210SO E.S, �J\� \ EXHIBIT WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: Property Services i i Grantor: Cascade Tukwila LLC A Washington Limited Liability Company Grantee: City of Kent Abbreviated Legal Description: Ptns of Lots 23-24, City of Tukwila SP. No 78-45 SP. Rec #7905011098: NW 36-23-4E Additional legal description is on Exhibit "A" of document I Assessor's Tax Parcel ID No.:788890-0150 E Project Name: Briscoe-Desimone Levee #09-3011 2J PW#2013-169 QUIT CLAIM DEED (Limited Liability Company) Cascade Tukwila 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 i 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. I SEE EXHIBIT "A" ATTACHED i "Under the threat of condemnation" II QUIT CLAIM DEED (Limited Liability Company) - Page 1 of 4 i E GRANTOR: Cascade Tukwila LLC, a Washington Limited Liability Company, its managing member j David R. Moffett Date: I i I I 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: i -Notary Seal Must Appear Wlthln This Box- j IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. i (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 1 II i ; i QUIT CLAIM DEED (Limited Liability Company) - Page 2 of 4 i i EXHIBIT A TAX LOT 7888900150 PNWTI # 1133099 THAT PORTION OF NEW LOT 24, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT 86- 57 AS RECORDED UNDER AUDITORS RECORDING NUMBER 8612010233, BEING A PORTION OF LOTS 23 AND 24, CITY OF TUKWILA SHORT PLAT NUMBER 78-45-SP, RECORDED UNDER RECORDING NUMBER 7905011098, LOCATED IN NE1/4 SECTION 35 AND THE NW114 SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID NEW LOT 24; THENCE S29'38'17"E 66.11 FEET ALONG THE NORTHEASTERLY LINE OF SAID NEW LOT 24; THENCE S25020'17"E 100.00 FEET; THENCE S23°04'17"E 99.00 FEET; THENCE S24051'170E 100.00.FEET;THENCE S44029'17"E 4.68 FEET TO A POINT ON THE EAST LINE OF SAID NEW LOT 24, SAID POINT BEING THE NORTHEASTERLY CORNER THEREOF; THENCE S11"23'33"W ALONG SAID EAST LINE 43.97 FEET TO THE BEGINNING OF A 351.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER BEARS N54655'13"E; THENCE NORTHWESTERLY, LEAVING SAID EAST LINE,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 10°13'29", AN ARC DISTANCE OF 62.64 FEET; THENCE N24'51'17"W 62.46 FEET TO A POINT OF TANGENCY WITH A 1001.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 1°47'00",AN ARC DISTANCE OF 31,16 FEET;THENCE N23'04'17"W 83.29 FEET;THENCE N25°2O'17"W 98.28 FEET; THENCE N29°38'17"W 30.52 FEET TO A POINT ON THE WEST LINE OF SAID NEW LOT 24; THENCE N19'23'33"E ALONG SAID WEST LINE 45.70 FEET TO THE POINT OF BEGINNING. CONTAINING 11,077 SQUARE FEET, MORE OR LESS. g LEE �Qy o�,•'C� I I MIS ........... ' I.Pa'ta I I I I I i i i I POINT OF BEGINNING PARCEL WITH LEVEE N 11'23'33" E ��• USE RESTRICTION - 45.7D' 6""P, AREA=11 ,077 S.E. IMPORTANT. THIS IS NOT A N 2938'17 W SURVEY. IT IS FURNISHED AS 30.52' A CONVENIENCE TO LOCATE { THE LAND INDICATED HEREON WITH REFERENCE TO STREETS a 10 AND OTHER LAND. NO C• cp 0' LIABILITY IS ASSUMED BY 0 fi REASON OF RELIANCE HEREON °v Ln 0 Z to co T Gyp .O SCALE: '= v 1"=60' D=1'47'00" u' u- R=10D1:00' � L=31.16' Z pp A T=15,58' LP o J •gym. CASCADE TUKWILA LLC 18251 CASCADE AVE. S. S 44'29'17" E TAX LOT - 7888900150 ^ 4.68' rn o LOT 24, M TU}CWILA SP D=1013 29" J 78-45-SP R=351.00' L=62.64' T=31.40' z RIVERSIDE DR `~ E I I EXHIBIT WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, WA 98032 Attn: Property Services i I I I i GRANTOR(S): Cascade Tukwila LLC, A Washington Limited Liability Company GRANTEE(S): City of Kent, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptns of Lots 23-24, City of Tukwila SP. No. 78-45-SP, Rec #7905011098; NW 36-23-4E i Additional legal description is on Exhibit "A" of document, ASSESSOR'S TAX PARCEL NUMBER(S): 788890-0150 PROJECT NAME: Briscoe-Desimone Levee #09-3011.2 / PW#2013-169 1 RIVER PROTECTION EASEMENT ; For valuable consideration, receipt of which is hereby acknowledged, the j GRANTOR(S), Cascade Tukwila LLC, A Washington Limited Lability Company owner(s) in fee of that certain parcel of land (the "Property"), legally described as follows: SEE EXHIBIT"A" ATTACHED hereby grant(s) to the City of Kent, a Washington municipal corporation, its successors and assigns, agents and Ildensees (GRANTEE), a perpetual easement for the purposes of accessing and constructing, Inspecting, monitoring, reconstructing, maintaining, repairing, modifying, and removing river bank protection and/or other flood related works, Including installing, inspecting, maintaining and removing all vegetation and any other appurtenances thereto across, in, under, on, over and upon the following portions of the above described, but not altering areas that are paved as of the date hereof, Property: I SEE EXHIBIT "B" ATTACHED ("Easement Area") i I Together with reasonable ingress and egress upon the Property to access the Easement Area. i RIVER PROTECTION EASEMENT - Page 1 of 7 { Grantee shall have the right at such time as may be necessary and at the Grantee's sole discretion, to have unimpeded access to, in and through the Easement Area for the purposes of exercising the Grantee's rights as described herein. This easement shall not affect Grantor's existing uses of the easement area for access, parking, and utilities except at such times as Grantee needs unimpeded access to exercise the easement rights set forth above. Grantor agrees not to plant non-native vegetation within the Easement Area and not to remove or otherwise after any improvements installed by Grantee, including any native vegetation that may be planted and any flood protection works that may be constructed, within the Easement Area, without the prior approval of Grantee. Grantor further agrees not to use herbicides within the Easement Area without the prior approval of Grantee. Nothing contained herein shall be construed as granting any license, permit or right, otherwise required by law, to Grantor with respect to the Property and the Easement Area. For the purposes of this river protection easement, the term "native vegetation" shall mean vegetation comprised of plant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16-750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur at the site. Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other action related to the above-described exercise of easement rights. This river protection easement and/or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to Grantee by any state statute, including Chapter 86.12 of the Revised Code of Washington, or as otherwise granted or provided for by law. The rights, conditions, and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, and successors in interest and assiqns of Grantor and Grantee. GRANTOR: Cascade Tukwila LLC, a Washington Limited Liability Company, its managing member David R. Moffett Date: RIVER PROTECTION EASEMENT - Page 2 of 7 I l i STATE OF } } ss: COUNTY OF } { I certify that I know or have satisfactory evidence that I 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 Thls Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written, i i (Signature) NOTARY PUBLIC, in and for the State I of , residing at _ My appointment expires I I i RIVER PROTECTION EASEMENT- Page 3 of 7 I i ' EXHIBIT THAT PORTION ` LOTS 23 AND 24` CITY DFTUKVNLA SHORT PLAT NUMBER 784S-SP/ RECORDED UNDER RECORDING NUMBER 79850118&8. |N KING COUNTY, WASHINGTON,AS REVISED BY BOUNDARYL|0E ADJUSTMENT NUMBER 01'Z9'BL8. ACCORDING TD THE SURVEY RECORDED UNDER RECORDING NUMBER 0111O5Ub0O. DESCRIBED A8FOLLOWS: BEGINNING ATA POINT ON THE NORTHEASTERLY RIGHT 0F WAY LINE DFRIVERSIDE DR/YE AO SHOWN ON SAID SHORT PLAT, DISTANT THEREON SOUTH /0`J0'1U^ EAST 207.76 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 23; THENCE FROM SAID POINT QF BEGINNING NORTH 11,23'50" EAST 43O.27 FEET TDA POINT ON THE BOUNDARY OF SAID LOT 23i THENCE ALONG THE BOUNDARY OF SAID LOTS 23 AND 24THEFOLLOW|NGCOURSES: SOUTH 2Q"3A`UD" EAST GD,11FEET; THENCE SOUTH 25"2O'80" EAST 1DB.0OFEET; THENCE SOUTH 33^D4'D0" EAST 9S,ODFEET; THENCE SOUTH 24^51'00" EAST 10U.DDFEET; . ENCESODTH44"29'00" EAST4.G8FEET| THENCE SOUTH 11 023'50"WEST 147.37 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE DF SAID RIVERSIDE DRIVE; HENCEALONQSA|DN0RTHEASTERiYB|6MTOFVVAYL|NEFR8M/\TANGENTTHAT BEARS NORTH 51^34'18"WEST ALONG THE ARC [)PA CURVE TO THE LEFT HAVING A RADIUS DF110.00 FEET AND /\ CENTRAL ANGLE ()P27^D2'U0"' AN ARC LENGTH OF 51SQPE�ET; ^ (�E�—` E 1N DRVE �ORTH7D�DG'10`'VVE��T17� THEN TAN8E�NTTOTHEPRE[�PRECEDING ,24 FEET TD THE POINT OFBE8|NN|N{�� . (ALSO KNOWN AS NEW LOT 240F CITY QFTUxWILA BOUNDARY LINE ADJUSTMENT 8G'G7�BLA, RECORDED UNDER RECORDING NUMBER 8812O1O233\ EXCEPT THAT PORTION OF NEW LOT 24`CITY OFTUKW|LA BOUNDARY LINE ADJUSTMENT 8G^57AS RECORDED UNDER RECORDING NUMBER 8G12010233, BEING A PORTION OF LOTS 23 AND 24. CITY OFTUKVV/LA SHORT PLAT NUMBER 78-45-8p` RECORDED UNDER RECORDING NUMBER 7SO5011DS8. LOCATED]NNE1/4 SECTION 35 AND THE NVV1/4 SECTION 38, TOWNSHIP 23 NORTH, RANGE 4 EAST, VV./N./ KING COUNTY, WASH|N8TON� DESCRIBED AGFOLLOWS: , [}E��UN0UN��AT THE MOST NORTHERLY CORNER DF SAID NEW LOT 24; THENCE S2A^38'1T"EOO.11 FEET ALONG THE NORTHEASTERLY LINE 0F SAID NEW LOT 24| THENCE 825"20'17'E1O0,OO FEET; THENCE S2J`04'1/^EH8.UU FEET; THENCE 324"51'17"E10O.00 FEET; THENCE ~ S44,28/17vE4.68 FEET TO8 POINT ON THE EAST LINE OF SAID NEW LOT y4` SAID POINT BEING THE NORTHEASTERLY CORNER TRERE0R THENCE S11"23'33"VV/lLONG SAID EAST LINE 43.07 FEET T0THE BEGINNING UPA351.0O FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER BEARS NS4"55'13"E; THENCE NORTHWESTERLY, LEAVING SAID EAST LINE, ALONG SAID CURVE, THROUGH /\ CENTRAL ANGLE 0F1O^13'20". AN ARC DISTANCE OFG2.64 FEET; THENCE N24,51'17"VV 82.4G FEET TO/\ POINT OF TANGENCY WITH/\ 10O1,0O FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF i 1047'00", AN ARO DISTANCE OF 31.16 FEET;THENCE N23°04'17"W 83.29 FEET;THENCE N25°20'17"W 98.28 FEET; THENCE N29038'17"W 30.52 FEET TO A POINT ON THEWEST LINE OF SAID NEW LOT 24; THENCE N11°23'33"E ALONG SAID WEST LINE 45,70 FEET TO THE POINT OF BEGINNING. I i i i 1 i i I I I I I � I I EXHIBIT TAX LOT 7888SDO15O F&TCO# 1133O88 RIVER PROTECTION EASEMENT THAT PORTION OF NEW LOT 24' CITY DFTUKVV|LK BOUNDARY LINE ADJUSTMENT B0' 67 AS RECORDED UNDER AUDITORS RECORDING NUMBER 801281D2J3. BEING A PORTION OF LOTS 23 AND 24, CITY OFTUKW|LA SHORT PLAT NUMBER 78-45^GP RECORDED UNDER RECORDING NUMBER 7S85U11008, LOCATED |NNE1W SECTION 35 AND THE ` NVV1/4 SECTION 36/ TOWNSHIP 73 NORTH, RANGE 4 EAST, VY.M., KING COUNTY, VVASH/NGT0N` DESCRIBED ASFOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID NEW LOT 24;THENCE 829"3E'17"E66�11 FEET ALONG THE NORTHEASTERLY LINE(}F SAID NEW LOT 24; THENCE 825'20'17"E1UO.OUFEET; THENCE S23^O417"EA&.O0 FEET; THENCE S24^51/17"E10O.DO FEET; THENCE S44, B'17»E4.U8 FEET TD/\POINT O@ THE EAST LINE OF SAID NEW LOT 24, SAID POINT BEING THE NORTHEASTERLY CORNER THEREOF� THENCE S1i^23'35"yY ALONG SAID EAST LINE 43.97 FEET TDTHE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OFA351.0U FOOT RADIUS, NOW TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER BEARS N54^55'13"E; THENCE NORTHVVESTERLY' LEAV|NGS/\|DE/�)TLINE' ALONGS/\|D (�URVE/ THROUGH A CENTRAL ANGLE OF1913'2A'',/\N ARC DISTANCE DFO2.64 FEET, THENCE N24"§t17��82`4G FEET TDA POINT 0F TANGENCY WITH/\ 1001`QO FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE'ALONGSAID CURVE, THROUGH A CENTRAL ANGLE 0F1'47'O0''/ AN ARC DISTANCE Or31.18FEET; THENCE N23"D4'17''VYR3L29 FEET; THENCE N2G*2V'17'VV&8`?8 FEET; THENCE N2Q"38'17"VV30.52 FEET TAA POINT 8N THE WEST LINE DF SAID NEW LOT 24. SAID POINT BEING S11»23`33"VV 45.7V FEET FROM THE MOST NORTHERLY CORNER OFSAID NEW LOT 24;.THENCE 311°23'33"VV ALONG SAID WEST LINE 22.O0 FEET; THENCE LEAVING SAID WEST LINE D39^37'32`E1285FE�T�` THE@CES2�°2O'17'`Eg7�2O �EET�. � THENCE S23"D4'17"2O8,DD FEET TDM POINT OF TANGENCY WITH A1U1O1)0FOOT RADIUS, CIRCULAR CURVE TO THE LEFT;THENCE ALONG SAID CURVE, THROUGH,A CENTRAL ANGLE OF1"47OO� 8NARC DISTANCE 0F31.O2 FEET, THENCE G24051`17^E GZ4G FEET TOA POINT OF TANGENCY WITH A3OO.0O FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCEALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12" 4'S8``'AN Eo7\N F78.31 FEET TO THE EAST LINE OFS/4|DNEVVLOT 4| -. � DISTANCE�_ � THENCE 011"23'33^E2O.32 FEET ALONG SAID EAST LINE TO THE POINT QF BEGINNING. CONTAINING 5'512 SQUARE FEET, MORE ORLESS. 1 I I I I� IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS S 11 23'33" W A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON 45.70' WITH REFERENCE TO STREETS N 29'38 17" W AND OTHER LAND. NO ? S 11'23'33" W LIABILITY IS ASSUMED BY 22,86' 30.52' REASON OF RELIANCE HEREON I S 29'37'32" E 1285' N� 1 RIVER PROTECTION oo�, Q EASEMENT — Nr Ns. AREA=5;512 S.F, o h Go N �NLA c o m ' p ' w N� D=1'47'00" o b R=1001.00' SCALE: �,"" L=31.16' 1"=60' T=15.58' D=1'47'00" w N 2451'17" W j R=1016.00' 62,46' > L=31.62' j T=15.81' iP 0=10'13'29" u I N rn R=351.00' u; �' L=62.64' u CASCADE TUKWILA LLC '�. T=31.40' 18251 CASCADE AVE. S. ' 0 TAX LOT - 7888900150 m LOT 24, TUKWILA SP D=12'24158" `� 78-45-SP R=366.00' 20.32' 3 j L=79.31' W T=39.81' a POINT OF M BEGINNING w -„_ p 7-) /V R �. o Q� .� p S�[j D{� ``\ 2 r � m i I i HI IT PUBLIC WORKS DESIGN ENGINEERING - Mark Howlett; P.E. ©eslgn Engineering Manager 460 West Gowe T Kent, WA S (y Fax:253-856--6650000 W ASHIHC{TON PHONE:253-856-550b ' Temporary Construction Easement E THIS EASEMENT made this day of 20—, by Cascade Tukwila LLC, A Washington Limited Liability Company, ("Grantor"), and the CITY OF KENT, a Washington municipal corporation ("Grantee"). r i WITNESSETH: That Grantor, for and in consideration of $10..00, 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 - Briscoe-Desimone Levee Project No. 09-3011 J PW2013-169 ("Project"), said temporary easement and right of entry being through and across a portion of tax parcel number 788890-0150 also being known as 18251 Cascade Ave South, Tukwila, WA ("Property's situated in King County, Washington: Approximately shown on Exhibit"A" attached and incorporated herein 1 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. Should the project extended past 12 months, additional compensation will be paid and prorated per month based on the acquisition breakdown of$11.00 square foot @ 10% @ 1 year. 1 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 I the city contractor on the Briscoe-Desimone Levee Project No. 09-3011 ( PW2013- 169, i 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 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 i 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 Page 1 of 4 j I l PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P.E. Design Engineering Manager '.. 400 West Gowe Kent, INA 98032 j Fax:253-856-650D 1' WASHINGTON PRONE: 253-1456-5500 I interfering with Grantor's normal course of business on its adjacent property as Grantee exercises its rights hereunder. 1 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 j 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 j 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. I GRANTOR: By: Its: Date: I � I I i I Page 2 of 4 { i i PUBLIC WORKS DESIGN ENGINEERING I Mark Howlett, P.E. Design Engineering Manager - 400 West Gowe Kent,.WA 08032 Fax: 253-856-6560 WASH IN GTOA PHONE: 153-8563500 j i I 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. i Dated: -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. � i i I (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i I I i i I Page 3 of 4 1 I', t i PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA 17,677 S.F.. 1 \ PROTEXIST CT 30'EASENT PER WIDE KING CO. RIVER 55962 6,0511112ID59 93 4 21331 j It -=_ ISTING PROPERTY LINE I I - LL'W t - - - ' PROPOSED PARCEL I --- _ - WITH LEVEE USE f _ - - _ RESTRICTIONS 'p EXISTING 10' WIDE ERHY EASEMENT P _ PER 7905011098 _ ==__T T - P LE WS LL SHEET PROPOSED TRAIL EXISTING PROPERLY LINE I. t CASCADE TUM A LLC �� + t I 18251 CASCADE AVE,S. -_ I t TAX LOT-7BB8900150 I t LOT 24, WALL HEIGHT=9,1' (FROM EXISTING GROUND TO t TUKWILA SP TOP OF CONCRETE BARRIER) 78-05-SP - '= i 1 ___ 1 PROPOSED _t I TEMPORARY CONSTRUCTION EASEMENT '..- .. �E'ISi1NG PROPERTY UNE EXISTING 10' WIDE UTIUTY CASCADE R 51112 EASEMENT 1060 AVE l I i n EXHIBIT Project Name: Desimone Levee Project Parcel# PW2013-169 Tax Parcel Number 788890-0150 ACKNOWLEDGEMENT I, the undersigned, am the owner of the property described in Exhibit "A" and "6" attached herein. I acknowledge and understand: • That the City of Kent will not be contacting my lender and requesting a partial reconveyance for the acquired property; • That my lender may have a right to the proceeds from the acquisition. We hereby hold the City of Kent harmless, if the lender requires any portion or all of the proceeds after this transaction has closed and disbursed. We, the undersigned, will pay the lender directly; • That payment for the acquisition of the described property will be made directly to me, or at my option initialed below, the City of Kent will make payment directly to my lender. Insert Grantor By: By: Printed Name: Printed Name: Title: Title: Date: Date: OR Insert Grantor Insert Grantor i i ❑ Make payment directly to me at the following address: ❑ Make payment directly to my lender at the following address and loan number: i i I I� Loan #: I I i I I i i j I I ( EXHIBIT A i TAX LOT 7888900150 PNWTI # 1133099 THAT PORTION OF NEW LOT 24, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT 86- 57 AS RECORDED UNDER AUDITORS RECORDING NUMBER 8612010233, BEING A PORTION OF LOTS 23 AND 24, CITY OF TUKWILA SHORT PLAT NUMBER 78-45-SP, RECORDED UNDER RECORDING NUMBER 7905011098, LOCATED IN NE1/4 SECTION 35 AND THE NW114 SECTION 36,.TOWNSHIP 23 NORTH; RANGE 4 EAST; W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST NORTHERLY CORNER OF SAID NEW LOT 24; THENCE S29038'17"E 66.11 FEET ALONG THE NORTHEASTERLY LINE OF SAID.NEW LOT 24; THENCE S25D20'17"E 100.00 FEET; THENCE S23°04'17"E 99.00 FEET;THENCE S24`51'17"E 100.00 FEET; THENCE S44029'17"E 4.68 FEET TO A POINT ON THE EAST LINE OF SAID NEW LOT 24, SAID POINT BEING THE NORTHEASTERLY CORNER THEREOF; THENCE S11°23'33"W ALONG SAID EAST LINE 43.97 FEET TO THE BEGINNING OF A 351,00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE j TO THE NORTHEAST,FROM WHICH THE CENTER BEARS N54°5513"E;THENCE NORTHWESTERLY, LEAVING SAID EAST LINE,ALONG SAID CURVE,THROUGH CENTRAL ANGLE OF 10°13'29", AN ARC DISTANCE OF 62.64 FEET; THENCE N24051'17"W 62.46 FEET TO A POINT OF TANGENCY WITH A 1001.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT;THENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 1°47'00", AN ARC DISTANCE OF 31,16 FEET;THENCE N23°04'17'W 83.29 FEET; THENCE N25020'17"W 98.28 FEET; THENCE N29"38'17"W 30.52 FEET TO A POINT ON THE WEST LINE OF SAID NEW LOT 24;THENCE N11°23'33"E ALONG SAID WEST LINE 45.70 FEET TO THE POINT OF BEGINNING. j CONTAINING 11,077 SQUARE FEET, MORE OR LESS. i 4M,o Law I I i EXHIBIT B TAX LOT 7888900150 FATCO# 1133099 RIVER PROTECTION EASEMENT i THAT PORTION OF NEW LOT 24, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT 86- 57 AS RECORDED UNDER AUDITORS RECORDING NUMBER 8612010233, BEING A j PORTION OF LOTS 23 AND 24, CITY OF TUKWILA SHORT PLAT NUMBER 78-45-SP, RECORDED UNDER RECORDING NUMBER 7905011098, LOCATED IN NEIA SECTION 35 AND THE NW1l4 SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID NEW LOT 24;THENCE S29038"17"E 66A 1 FEET ALONG THE NORTHEASTERLY LINE OF SAID NEW LOT 24; THENCE S25°20'17"E 100.00 FEET;THENCES23"0417"E 99.00 FEET; THENCE S24051'17"E 100;00 FEET;THENCE S44°29'17"E 4.68 FEET TO A POINT ON THE EAST LINE OF SAID NEW LOT 24, SAID POINT BEING THE NORTHEASTERLY CORNER THEREOF; THENCE 811 023'33"W ALONG SAID EAST LINE 43.97 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A 351.00 FOOT RADIUS, NON- TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER BEARS N54055'13"E;THENCE NORTHWESTERLY, LEAVING SAID EAST LINE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10*1329",AN ARC DISTANCE OF 62,64 FEET; THENCE N24051'17"W 62;46 FEET TO A POINT OF TANGENCY WITH A i 1001.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 1047'00", AN ARC DISTANCE OF 31:16 FEET; I THENCE N23004'17"W 83,29 FEET; THENCE N25°20'17"W 98.28 FEET;THENCE N29°38'17"W 80.52 FEET TO A POINT ON THE WEST LINE OF SAID NEW LOT 24, SAID POINT BEING S11°23'33"W 45.70 FEET FROM THE MOST NORTHERLY CORNER OF SAID NEW LOT 24; THENCE S11°23'33"WALONG SAID WEST LINE 22.86 FEET; THENCE i LEAVING SAID WEST LINE S29037'32"E 12.85 FEET; THENCE'S25°20'17"E 97.28 FEET; THENCE S23004'17"E 83.00 FEET TO A POINT OF TANGENCY WITH A 1016.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT;THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1°47'00"; AN ARC DISTANCE OF 31.62 FEET; THENCE S24°51'17"E 62.46 FEET TO A POINT OF TANGENCY WITH A 366.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE ALONG SAID CURVE; THROUGH A CENTRAL ANGLE OF 12024'58", AN ARC DISTANCE OF 79.31 FEET TO THE EAST LINE OF SAID NEW LOT 24; THENCE N11 023'33"E 20.32 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. i CONTAINING 5,512 SQUARE FEET, MORE OR LESS. a I IUD _�2 ot5 I t i avenue EXHIBIT REAL ESTATE EXCISE TAX AFFIII•AVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW- CHAPTFR458-61AWAC when subtropical by cashier. THIS AFFIDAVTTFYH..L NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back oftannage tm insmet tr s) Cbak box if aural sale of Ifmuld le owners list rennesteof owoeralti next to Warne. Name Cascade Tukwila, LLC Name CitymK.nl a o Attn:Property Services m z Mailing Address 18251 Cascade Ave So. _ }t4 Mailing Address 220 41h Ave South y City/SwNZip Tukwila,WA 98188 = Cay o,JZip Kent,WA 98032 Phone No drelmtiog arm code Phone No.(including area code) Send all property tax cnresPoodwce to:0 Same as BnyerlGendre List all real and personal property lax panel corncob List assessed value's) mmebers—cheek box if personal property Name_Kent,Cfty of Mailing Address fT Coy/5twt cap Levy code 2340 Phone No.(including arm We n I 182rx Comau a Ave So.,Tukwila Street address o(properuy: j Tbis property is located in Tukwila I]Cock has if any of the listed parcels arc being segregau d from.largerparad. Legal deamiptioo cdproperly(if mom space is needed,you may a Curb a separate sbeet to each page oC the afLdaAd See Attached Enter Abstract Use Categories va3evabPed La�MrLark oah't< List all personal property(tangible and intangible)included in selling price. (Sec back of last page for instructions) Seller's Exempt Reg.No.: YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property exempt from property lax per chapter ❑ El 94.36 RCW(nonpmfiu organization)? _ WAC No.(Section/Sebsectim) 458LIA206(3) _ YES NO Reason for exemption hdiispmpsydesignatedwfomrilardpercbapter8433RCW'1 ❑ (] under the threat of wntlemnafion L:thisympetly classi6s7 asammtum(tgen space farm are ❑ [] mricumnal,ortimber)lardperdmSED8434? k tltispnryetTy xxeiviog 5puialvahution a%lilslmiralpmpaty ❑ O Type of Document Quit Claim Dead porchapter8426RC97? Ifany answers areye;completes frstroned bebw. Date of Document (I)NOTICEOFCONIINUANCE FOREST LAND ORCURRBNPUSE) Gross Selling Price NEW OWNERS):To continuo the curirnt designa6ovas Remained or *Personal Property(deduct) S classP6cafion as cuaent raw(open space,farm and agriculime,ormober) d,you must sign on county assessmmu mi afflum deteeee Exemption Claimed(deduct) S land, ifthe lead transferred countries to qualify and will indicate by signing below. Taxable Selling Price S 0.W If the land no longer qualifies myou do not wish to continue the designation or classification,it will be removed and lire croyrenuting or additional taxes Excise Tax:State $__ 0.W will be due and payable by the seller or transferor at tore time of sale.(RCW 0.0050 Local $ 0.W 9433.140 or RCW 84.34.308).Nor to signing(3)below,you may contact *Delinquent Interest Stale S _ your local county owessorformore informador Local S This land ❑does (,]doesnot qualify foreontinuance. 'Delinquent Penalty DEPUTY ASSESSOR DATE Subtotal S_ _ O.OD *State Technology Fee S 5.00 (2)NOTICE OFCOMPLIANCE RUSTORICPROPERT'Y) NEW OWNER(S)'Tocoodum,special valuationas historic property, `Affidavit Processing Fee sign(3)below.If the new councils)do not wish to continue,all Total Due S 10.00 Will tat calculated pursuant to chapter 84.26 RCW,shall be due -- and payable by the seller or transferor at the time of We. (3) OWNER(S)SIGNATURE A MINIMUM OF 510.00 IS DUE IN FEE(S)ANDtOR TAX 'SEE INSTRUCTIONS PRINT NAME I CERTIFY UNDERPENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signamrc of Signature of Grantor or Grantor's Agent Grantee or Grantee's Agent Name(print)........ Name(pint) _Ingrid Willon Dixon Dale&city of signing:_ Date&city of signing: Kent WA Perjury:Perjury is a that C felony which is punishable by imprisonment in the slate conc<tioml indbution for a maximum Term of not more than five years,orby a fine io an amount fixed by the corm of not more than five thousand dollars($5,000.00),or by both imprisonment and foe(RCW 9A.20.020(1C)). REV 84000I ae(a)(09/14106) THIS SPACE-TREASURER'S USE ONLY COUNTI'TRF,ASURER i i EXHIBIT ❑ New Vendor ® ❑ Reactivate Vendor IT Vendor Set-up Form ❑ Address Change w-• •_* • To be filled out by Vendor ONLY Vendor Number FINANCE 220 Fourth Avenue South • Kent,WA 98032-5895• Phone: (253)856-5235 • Fax: (253)856-6200 ' zlrmffllrffl • An Incomplete farm will create a delay in our payment(s)to you and your paymerd{sj could be subject to the IRS required back-up withholding. Name,as it will appear on check m ASSREVIA710N8) Doing Business As(B-different than name on check) i Payment Address Business Address City State Zip City State Zip Phone Number Accounts Receivable Contact •• ohm*the appirgicroato bar ❑Corporation ❑ Government Agency D IndividualJSole 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 N exempt 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 Charity 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): Social Security#: or Federal TIN: Under penalties of perjury, I certify that: I. The number shown on this form is my correct taxpayer identification number(or 1 am wailing for a number to be Issued to me)and, 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding,or(b)I 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. in Signature P. Date P.