HomeMy WebLinkAboutPW13-121 - Other - King County Flood Control Zone District - Briscoe-Desimone Levee Improvements - 01/09/2015 Please Fill in All Applicable Boxes
Routing .Worination (TILL REQUEST., MUST FIRST 6E POUTED THROUGH THE LAW DE,P ARTMENT)
On inator: Kelly Casteel Phone (Originator): 5561
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Date Sent: 1/9/15 Date Required: 1/13/15
Return Signed Document to: Kelly Casteel CONTRACT TERMENA5 ZON DAu Ea N/A
VENDOR NA114E� King County Flood DATE OF COUNCIL f-APPPZOVAL e N/A - Per
Control Zone District Resolution No. 1560
Brief Explanation or Document:
River Protection Easement for Briscoe-Desimone Levee Project
Easterly half of West Valley Highway right-of-way, between S. 180t" St and S. 188th St
AU contrarts must Be nua>eed' Through The Lazo DeparUaaeiat
(This area to be completed by the Law Departmmit)
Received: too
Approval of Law Dept.;
Law Dept. Comments:
Date Forwarded to Mayor: ll�� (C« - t'� �i ifs
afiaclerl Areas To Be Coinpletecl 6y sk-n
Received:
Recommendations and Comments:
Disposition: // `�$0/_ , �f.� {Lae n r� ` �'ff�a - L `-rGG7 / El r ..._-
Date Returned: ' C/
i�ltt(o 00C} {
WHEN RECORDED RETURN TO:
King County Flood Control Zone District
Real Estate Services Section
201 South Jackson, Suite 600
Seattle Washington 98104-3855
Attn: V�,t ViCeS
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GRANTOR(S): City of Kent, a Washington municipal corporation
GRANTEE(S): King County Flood Control Zone District, a quasi-municipal corporation
of the State of Washington
ABBREVIATED LEGAL DESCRIPTION: Portions of SW 1/4 of NW 1/4 S.T.R. 36-23-4E
Additional legal description is on Exhibit "A" of document.
ASSESSOR'S TAX PARCEL NUMBER(S): adjacent to T.L. 640760-0130
PROJECT NAME: Briscoe-Desi more Levee Improvements
RIVER PROTECTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, the GRANTOR(S), City
of Kent, a Washington municipal corporation with jurisdiction of that certain parcel of land
(the "Property") pursuant to RCW 47.24, legally described as follows:
Easterly half of West Valley Highway (aka SR 181) right-of-way, between S. 18Oth St.
and S. 188th St., in the city of Kent, WA.
hereby grant(s) to the Icing County Flood Control Zone District, a quasi-municipal
corporation of the State of Washington, its successors and assigns, agents and licensees
(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 Property:
SEE EXHIBIT "A" ATTACHED ("Easement Area")
Together with reasonable ingress and egress upon the Property to access the Easement
Area. 22
River Protection Easement - Page 1 of 3
Grantee shall have the right at such time as may be necessary and at the Grantee's sole
discretion, to enter upon the Property and to have unimpeded access to, in and through the
Easement Area for the purposes of exercising the Grantee's rights as described herein.
Grantor agrees not to plant non-native vegetation within the Easement Area and not to
remove or otherwise alter 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 assigns of
Grantor and Grantee.
GRANTOFC�
, f
B� Su to ze to Cooke
ts: Ma or
Dated:
(Notary Acknowledgment Appears on Next Page)
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River Protection Easement - Page 2 of
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 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. S
NOTARY PUBLIC, in and for ffi ate
des® w F{ i,tr of Washington, residing at
_a ? �A %: My appointment expires 11--IT
TA'h .Avao a
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River Protection Easement - Page 3 of 3
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EXHIBIT A
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RIVER PROTECTION EASEMENT
IN CITY OF KENT
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THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W,M,
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING FROM HIGHWAY ENGINEERS STATION (HES) 12+61.02.AS SHOWN ON
SR 181, SOUTH CORPORATE LIMITS OFTUKWILATO FOSTER INTERCHANGE,
WASHINGTON STATE HIGHWAY ENGINEER PLANS, SHEET 3 OF 8, BEING THE
BEGINNING OF A 700.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH
THE CENTER OF SAID CURVE BEARS N38017'27"W; THENCE NORTHEASTERLY, ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 01004'30', AN ARC DISTANCE OF 13.13
FEET TO HES 12+47,89 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID CURVE, THROUGH A_CENTRAL ANGLE OF 08655'10", AN ARC DISTANCE OF 108.97
FEET TO HES 11+3B.92; THENCE S48917'07"E 20.36 FEET TO A POINT ON A 377,17 FOOT
RADIUS, NON-TANGENT CIRCULAR CURVE TO THE RIGHT,FROM WHICH THE CENTER
OF SAID CURVE BEARS S41058'29"E; THENCE SOUTHWESTERLY,ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 17°07'19", AN ARC DISTANCE OF 112.71 FEET TO THE
POINT OF BEGINNING.
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CONTAINING 1,266 SQUARE FEET, MORE OR LESS.
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LOT 14
\ ORILLIA GARDEN TRACTS
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�\ TAX LOT - 6407600130
S 48-17'07" E
20.36'
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P 2k k9 a2
D=1°04'30" C 12k61
R=700.00' PAP 9 5�
l L=13.13'
\T=6.57'
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S 51'42'33" W P 3 011a
SCALE: 1"=40' 44.76
RIVER PROTECTION
EASEMENT — I
AREA=1,266 S.F.
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LOT 17,
IMPORTANT: THIS IS NOT A SOUTHCENTER SOUTH
SURVEY. IT IS FURNISHED AS INDUSTRIAL PARK
A CONVENIENCE TO LOCATE
THE LAND INDICATED HEREON fAX LOT - 7888900170
WITH REFERENCE TO STREETS
AND OTHER LAND. NO
LIABILITY IS ASSUMED BY
REASON OF RELIANCE HEREON
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