HomeMy WebLinkAboutLW16-201 - Original - Soos Creek Water & Sewer District - Bishop's Landing Easement - 05/12/2016 401� ecords Man
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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.
f you have questions, please contact City Clerk's Office.
'vendor Name: Soos Creek Water and Sewer District 111.
Vendor Number:
JD Edwards Number
Contract Number: LINE
This is assigned by City CI'ierk's Office
Project Name: Bisho 's Landing
Description: 0 Interlocal Agreement ❑ Chainge Order ❑ Amendment F1 Contract
Cif Other: Agreement for Easement
Contract Effective Cate: 5/12/16 Termination Date: N/A
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Kum Komoto Department: Law
Contract Amount: N/A
Approval Authority: ❑ Department Director Z mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
Filed for Record at
the request of
SODS CREEK WATER
AND SEWER DISTRICT
P.O. Box 58039
14616 S.E. 192nd Street
Renton, WA 98058
Easement No.: 15-22-5-S1053
Project: Bishop's Lending
Tax Parcel ID#.- 1522059188, 1522059189
Abbrev. Legal A portion of the SW 1/4, SW 1/4, Section 15, Township 22 North,
Range 5 East, W.M. in King County, Washington
Grantor(s): City of Kent
220 4 th Ave S
Kent, WA 98032
Grantee: SODS CREEK WATER AND SEWER DISTRICT
AGREEMENT FOR EASEMENT
-Zklj i THIS AGREEMENT, made this ' 1Z r, day of �&(\/ I
Z01-5, by and between SOCKS CREEK WATER AND SEW DISTRICT, a municipal
corporation of King County, Washington, hereinafter termed the "District", and
CITY OF KENT, a local municipal corporation, hereinafter termed "Grantor",
WHEREAS, Grantor is the owner of land at 134 th Ave SE and SE 237"' PI,
Washington, legally described as follows:
That portion of the Southwest quarter of the Southwest quarter of Section 15,
Township 22 North, Range 5 East, W.M., in King County, Washington, further
described as follows:
Page 1 of 6
Easement No.: 15-22-5-S1053
Tract "A" and Tract "D" of Bishop's Landing, City of Kent Short Plat No. SP-
2004-34, Recording Number 20070215900014, Records of King County,
Washington.
WHEREAS, the District requires an easement for (check those that apply)
® Sanitary sewer line and appurtenances
❑ Water main and appurtenances
across Grantor's property at a location more specifically described herein below; and
WHEREAS, Grantor has title to said real property and is authorized to grant
and convey this easement to the District.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), and
other good and valuable consideration in hand paid, receipt of which is hereby
acknowledged, and in consideration of the performance by the District of the
covenants, terms and conditions hereinafter set forth, Grantor hereby grants,
conveys and quitclaims to the District the following easement:
That portion of the above-described real property further described as follows:
A 15 foot wide strip of land lying 7.5 feet on each side of the following
described centerline:
Commencing at the Southeast corner of Lot 5 of said City of Kent Short
Plat No. SP-2004-34, said corner being a point on the Westerly margin
of 134th Ave SE;
Thence South 01°10'59" West, along said Westerly margin, 7.50 feet to
the True Point of Beginning of said centerline;
Thence North 88'59'45" West 130.50 feet;
Thence North 39°16'11" West 54.89 feet to a point 5.50 feet
Southeasterly of, as measured at right angles to, the Northwesterly line
of said Tract "D";
Page 2 of 6
Easement No.: 15-22-5-S1053
or replaced. Large trees that exist within the easement area may be permanently
removed during original construction unless otherwise noted in this easement
document.
4. RESTORATION AFTER MAINTENANCE. If Grantor's property is disturbed by
the maintenance, removal, repair, or replacement of the facilities, the District shall
restore the easement area to a condition as good as or better than it was prior to
entry for such purpose by the District.
5. ATTORNEY'S FEES. In case suit or action is commenced by either party, or
their successors and/or assigns, to enforce any rights under this easement, or
regarding an encroachment on the easement, in addition to costs provided by
statute, the substantially prevailing party shall be entitled to an award of attorney's
fees in such sum as the Court may adjudge just and reasonable.
6. EASEMENT TO BIND SUCCESSORS. This easement is permanent and
shall terminate only upon agreement of the parties hereto, their successors and/or
assigns. This easement, during its existence, shall be a covenant running with the
land and shall be binding on the successors, heirs and assigns of the parties hereto.
7. EXEMPTION FROM EXCISE TAX. The District is a municipal corporation
with powers of eminent domain. This easement is granted for a public purpose. The
District shall hold Grantor harmless from the imposition or payment of any excise tax
based upon the conveyance of this easement.
8. INDEMNIFICATION AND HOLD HARMLESS. The District will indemnify,
defend and hold harmless Grantor, and its successors and assigns, from claims for
injury to person or property as a result of the negligence of Grantee, its agents and
employees in the construction, operation or maintenance of the Facilities.
Page 4 of 6
Easement No.: 15-22-5-S1653
IN WITNESS WHEREOF I,We have set my/our hand(s) and seal(s) this -t day of
CITY OF KENT, a locallmunicinall cor oration moo, s
STATE OF WASHINGTON)
COUNTY OF DING } ss.
,. 201b
Can this day of _-- �i before me personally
appeared 512~.0 �dt'.� --- (and) to me known to
be the President and Secretary, respectively, of CITE' OF KENT a local municipal
corporation, the corporation that executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned.
WITNESS my hand and official sea ereto affixed the daV and ear above written.
w�;as< tzhaypr
NOTARY PUBLI6 in nd for the State of Washington
Residing at:
�,��" Icy commission expires:
Page 5 of 6
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REQUEST FOR MAYOR'SSIGNATURE
0 Print on Cherry-Colored Paper
Wxanawur vry
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Kim Komoto Phone (Originator): X57$8
Date Sent: S/12/16 Cate Required: asap
Return Signed Document to: Kim Komoto Contract Termination Date: n/a
VENDOR NAPE: Date Finance Notified:
132nd Ave. Development LLC $ nly required on contracts
r 20 boo and over or on any Grant
DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified:
Re aired on,,Non-City Standard contracts A reements'
Has this Document been Specifically Account Number:
Authorized in the Budget? ()YES ONO
Brief Explanation of Document:
As part of approved Bishop's Landing subdivision, city received two tracts, tract A for a
wetland and tract D for storm drainage. As shown on the approved subdivision plat, a
sewer line runs along the edge of these tracts. The sewer connects to Soos Creek
Water & Sewer District's system. Soos Creek needs the city to sign a 15' wide
easement over a portion our property so that Soos Creek can maintain its sewer line, if
necessary. tinder Kent City Code 3.70.230(E)(3), the mayor is authorized to release
real property interests that are dedicated to the city as a condition of an approved
privatedevelopment.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received:
Approval of Law Dept.:
Law De t. Comments:
Date-Forwarded to Nu1a or: d .
Shaded Areas To Be Completed By Administration Staff
Received:
y
Recommendations and Comments:
rA iN f, V/' pa,747
r o f0 ro
Disposition:
Date Returned: ,°rr w
RICIVAFOMMDUCUMent Prwcess nq aquest 0 ayor"s gignarure.8ou �' 'w r "°'y�