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HomeMy WebLinkAboutPW15-351 - Original - King County Flood Control Zone District - Upper Russell Road Levee South Reach - 11/02/2015 ® , , KEN T Document W A9HINGTON ' 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: Y-_,V :k:€ ({;;}`,dy^\"iLt `' oc)6 c''nt y-ul Lorid Vendor Number: ID Edwards Number Contract Number: Y'Ir`v F�-) _ ?) 9 This is assigned by City Clerk's Office Project Name: ,; Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract r Other: A,5`;ign`lnaylt t'r Contract Effective Date: iI ; Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: , €O(i }y€yy,f(�}�-- Department: Pi,i?l c V"\�,jry-S Contract Amount: t Approval Authority: ❑ Department Director Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): adccW10877 814 WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: City of Kent, a Washington municipal corporation Grantee: King County Flood Control Zone District, a quasi-municipal corporation of the State of Washington Abbreviated Legal Description: Ptn of Common Area of Bridgewater IV, a condominium in the SW 1/4 Sec 14, T22N, R4E, W.M. Reference Number of Related Document. 201560326001597 Assessor's Tax Parcel ID No.: Portions of 108568-0000 Project: Upper Russell Road Levee - South Reach #09-3006-2/PW2012-081 ASSIGNMENT OF EASEMENT The City of Kent, a Washington municipal corporation ("Grantor"), pursuant to that certain Revised Agreement for Levee Construction, Operation and Maintenance, dated April 20, 2015, and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, hereby assigns all its right, title and interest, including any after-acquired title, in that certain River Protection Easement executed in favor of Grantor by Bridgewater IV on March 23, 2015, and recorded on March 26, 2015, under King County recording number 20150326001597, situated in King County, Washington, to the King County Flood Control Zone District, a quasi-municipal corporation of the State of Washington ("Grantee"), its successors and assigns. SEE EXHIBIT "1" ATTACHED AND INCORPORATED Assignment of Easement Page 1 of 2 r This Easement remains a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this Easement. Dated this day of �� � v 2015. GRANTOR: CITY OF-"T / : uz tte Cooke Its, ay r 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 (he/she) signed this instrument, on oath stated that (he/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. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF,.I have hereunto set my hand and official seal the day and yea`�Qi%%t AbgV written. 'mom P BRIt,�S� i ® 04A�1."1yV ° g (Sig ture) "I NOTARY NOTARY PUBLIC in and for the tate ?-1521 .-�C� of Washington, residing at .TF inn""���"a\'�� My appointment expiresF WAS PAClvil\Files\Open Files\1G46-Levee Improvement Projects\1646-8-Briscoe-Desimone 180th St Levee\Asslgnmen[0(Easement(DAG rev).Dote Assignment of Easement Page 2 of 2 I i 20150326001597.001 lit Exhibit "1" WHEN RECORDED RETURN TO: City of Kent220 Fourth Ave ttn:PrA 9®3Zervic INNER� Attn: Property Services 2015032 NN ` 6®® 00 FIRST At1ERICAN EQS PAGE-0a% OF 000 I KIN[; COUNTY16UA G TOR(S): Bridgewater IV, a non-profit WA Corp. GRANTEE(S): City of Kent, a Washington municipal corporation ABBREVIATE® LEGAL DESCRIPTION: SW 14-22-4E Additional legal description is on Exhibits "A and B" of document. ASSESSOR'S TAX PARCEL NUMBER(S): 108568-0000 PROTECT NAME: Upper Russell Road Levee- South Reach#09-3006.2 / PW2012- 081 Said documents were med 'roc It h"G not, been a anon perexecutfona,xaminod f RIVER PROTECTION EASEMEdifont[tre, as to its®tfeot For valuable consideration, receipt of which is hereby acknowledged, the GRANTOR(S), Arldgewater IV a non-profit Washington Corporation also appearing of record as Bridgewater IV Association and Bridgewater IV Homeowners Association 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 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 "B" ATTACHED ("Easement Area") River Protection Easement, Bridgewater IV- Page 1 of 6 EXCISE TAX P40T REGI ps) MNn .RtrooaMs Wston �' Do" _ 20150326001597.002 Exhibit "1" 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. If Grantee damages the Property or Easement Area during the exercise of Grantee's rights under this river protection easement, Grantee shall restore the Property or Easement Area to equal or better condition. 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 L 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. GRANTORS h ame/ Date ` (� L40w- t)o'MOorl�QnTi'll�11 . & �� Print Name/ Acting as U (Notary Acknowledgment Appears on Next Page) River Protection Easement, Bridgewater IV- Page 2 of 6 2015032600159T.003 Exhibit "I" ' e STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Diane DeMeerieer is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the President of Bridgewater IV. a Washington non-profit corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:�l� /'� -Notary Seal Must AppearWHhlo Thfs Oax- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and yea``jmul9Mnyp writwh. Y,W IL(/��Oq` ;::cxj Uif;iyp/9Pv is ` r (*natbrep NOTARY PUBLIC, In and for the-State 27; Z�1G��? of Washington, residing at r" r ASN�\ .+`�` My appointment expires River Protection Easement Bridgewater IV - Page 3 of 6 9 9 ............................ 20150326001597.004 Exhibit "I" ' A ar. Emimn- Legal Description: COMMON AREAS OF BRIDGEWATER IV,A CONDOMINIUM,ACCORDING TO THE CONDOMINIUM DECLARATION RECORDED UNDER RECORDING NUMBER 9001090766,AND AMENDMENTS THERETO,IF ANY,AND IN VOLUME 92 OF CONDOMINIUMS,PAGE(S)64 THROUGH 69,INCLUSIVE, IN KING COUNTY,WASHINGTON, Property Address: 23906 561h Court South Kent,WA 98032 'Pax Account Number: 108568.0010.03 l�� Yof � 20150326001597.005 Exhibit "1" EXHIBIT. TAX LOT 1085680000 PNWTC #1114183 RIVER PROTECTION EASEMENT THAT PORTION OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS; PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70024'17"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID BRIDGEWATER IV CONDOMINIUM; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET; THENCE N3600649"E, ALONG THE NORTHWEST LINE OF SAID BRIDGEWATER IV CONDOMINIUM, 41.50 FEET TO THE POINT OF BEGINNING; THENCE S44095'35"E, LEAVING SAID NORTHWEST LINE, 137.16 FEET; THENCE S49002'35"E 118.20 FEET; THENCE S55008'11"E 43.60 FEET; THENCE S2205843"E 101.42 FEET TO THE SOUTHEAST LINE OF SAID BRIDGEWATER IV CONDOMINIUM; THENCE N25039'52"E, ALONG SAID SOUTHEAST LINE, 19.98 FEET; THENCE N22058'43"W, LEAVING SAID SOUTHEAST LINE, 92.54 FEET; THENCE N55008'11"W 47.12 FEET; THENCE N49002'35"W 116.82 FEET; THENCE N44035'35"W 137.58 FEET; THENCE N52013'57"W 1.43 FEET TO THE NORTHWEST LINE OF SAID BRIDGEWATER IV CONDOMINIUM; THENCE S36006'49"W ALONG SAID NORTHWEST LINE 15.01 FEET TO THE POINT OF BEGINNING, CONTAINING 5,969 SQUARE FEET, MORE OR LESS. _ 20150326001597.006 Exhibit "I," ��G��`0,J�pv- R 10 RP7'�OR 12�ZR� ®F BEGINNING gf+�G ��y6 R R \ N35'49"E L5 41 LOR � 41,50' N52°t3'57"W-1.43' a � N44`3635"W-137.58' s N49°0235'W-116,62' N55°06'11"1N-47.12' IP �J� o aC N22.58 p '43^N � `GONOO gpgS61�� \ \ �92.54'// OR' LINE TABLE \\ L1-S44°35'35"E-137.1 N25°38'52'E-19.96' 8' L2-S49'02'35"E-118.20' \ L3-S55'08'11"E-43.80' L4-S22°58'43"E-101.42' L5-S36°0649W-15.01' \ \p ?r m s747o1r+�s_ DAMES STREET � IMPORTANT: THIS IS NOT A SURVEY.IT IS FURNISHED AS ACONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND.NO LIABILITY IS ASSUMED BY REASON OF f RELIANCE HEREON. VLc-4P- PORTION OF I JAMESIRUSSELL ROAD THE SE 114 OF THE SW 114 OF SEC 14,TOWNSHIP 22 N, KEN- T DRAWN BY: TLM RANGE 4 E,W.M. W"'W'"°'"' EXHIBIT T SCALE: 1" 100' CITY OF KEN LAND SURVEY SECTION DATE: 911612014 it I j, REQUEST FOR MAYOR'S SIGNATURE I� li n u .a '"�P Js...P..'.. iY t P°'1}S.lr*" vsl'S..a C} d,.£"+,�?,Pr .._f Pape, .i c � i RPuting Information: (�4a RECIUesTS MIZST FIRST BE ROUTED THR9UGH THE AW DEPARTMENT) - Approved by Director_' Oragipatpr II7gt ICI Wal'FtT�S,DiXo1l Phone (Originator): 5519 ?oterSent 1�/30/] 5 Date Required: 11/4/15 1Zetu Signed Doti)` "t to-Wiii1715_DixQ Contract Termination Date: N/A �.' UEi+1DOR,NANIE: Date Finance NotiYed: - (Only required op c9n0'acts }Ging �,oUnty (�IOOd 4 1 Qi done,Dlstric 20 000 and over or on an Gant DATE OF'COUiyCI'L APPRO0 AL: N f Date Risk Manager Notified:N/A (Required on Non-City Standard Contracts A reements H�s Itjs Doc urn' ant been Spe�ifical Account Number: N/A utho lied i`n the .qud �t� YES .'• N,D Pde�f,Explanationrof Ddqunaent: Asstgin" entrof g 'Brid.gewater'IV. J I I i 7r s t € Sri ?i it �i Ziils I AJJ ConE}actsJy +st�e Routed Through The Law Department area to be completed by the Law Department) ,y a .RecdVed; s ,}a N- � a APP�oVal o ,LaW=gept r ,� '� i � 'tariAe`t, Commerts , crate,,Formrdodto'Ma or. pleted SYAdministraltion Staff t di s it (jl hri x .!Y j ar x r, i Reoo17(neikdatiops acid GarrlmQnt x v a y _ F ✓ Y 1' is t 4tii ( a+ tt ( 3y7� > C' i3isp �tlan �� r, d+ r ` ' Y Y Y' + r � +c; �.,.f rR Dade RUnd. t , jp� L ,tM,1, i ' #..f4Y �i r �r wrv�nFnpn ioocanlmurmresa a�ta was « ev ass reaocY : !,a'� tt i Yli 1} i