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. .A r.· eil 1:' 1'Cl ~,Jnu PAGE
5702R38
RESOLUTIOd NO. ~I j
-~·JdEREAS, there has been presented to the Ci t~r of Kent
the following described easements for acceptance, approval and
ratification by the City of Kent, said easements bein, briefly
described as follows:
A. Easement dated September 12, 1963, from Hazel
Farnier to the City of Kent, over land described for a public
sewer, Hith certain nrovisions about a "Y" and connection to
5
sewer as part of the consideration. (The original of said ease-
ment is attached hereto and denominated Exhibit "A" and the terms
of which are hereby incorporated by reference as thou~h fully set
forth herein. )
B. Easement dated September 12, 1963, from Hazel
Fournier to the City of Kent, for slopes and fills in the con-
struction and maintenance of an extension of Hazel Avenue North
into the Plat of Valley Crest. (The original of said easernent
is attached hereto and denominated Exhibit "B" and the terms of
which are hereby incorporated by reference as though fully set
forth herein.)
C. Easement from Carroll Mortgage Company to the City
of Kent over land therein described for public sewer. (The
orir,inal of said easement is attached hereto and denominated
Exhibit "C" and the terms of "1.-Jhich are hereby incorporated by
reference as thoup,h fully set forth herein.)
D. Drainage easement dated June 13, 1963 from Hazel
Fournier to the City of Kent. (The original of said easement
is attached hereto and denominated Exhibit "D" and the terms of
which are hereby incorporated by reference as though fully set
forth herein.)
and,
WHEREAS, after study of said easements and their under-
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lying purpose, and on advice of the City Engineer that the
execution of the easement reflected in Exhibit "D" attached
hereto, by the City of Kent, and the ratification, acceutance
and approval of the rights and duties reflected in the easements
denominated Exhibits "A", "B", "C" and "D" hereto are for a proper
~unicipal purpose and in the interests of all parties, including
the citizens of the City of Kent,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Kent in re9ular meetinp assembled that the Mayor and
the City Clerk be, and they hereby are, authorized and directed
to execute and accept the drainage easement from Hazel Fournier,
the original of which ls atta.ched hereto and denominated Exhibit
"D", and be it :further
RESOLVED that the easements attached hereto and denomin-
ated Exhibits "A", "B", "C" and "D" are ratified and annroved
by the City of Kent, and be it further
RESOLVED, that upon the execution of Exhibit "D"
attached hereto, the City Clerk shall cause this Resolution, with
the Exhibits attached hereto, to be filed in the office of the
County Auditor for King County, Washington, and pay the filing
fee therefor.
PASSED by the City Council_ this ~ay of "(s~
1964.
/)
Approved as to
',·
ORNEY
'•'
-2-
'
E~~NT
'l'Hl:) lN:~;ThUf·EN'r made this ~day of September, 1963, by and betv1een
1 h i ft 11 '1 the ,''~.rrantor", and Hf,ZEL B. F'OUBNIEH, a sine e woman, ere na er ca eu , , u
the City of l\ent, a mu.r..ic:lpal corporation of King County, State of Hash-
That the said crantor, for and in consideration of the sum of One Dollar
to r.e:-in nond pc::id by the s:t1d gr3ntee, receipt vJher>eof is herchy acknovJ-
lec1z;8d, d nrj fo:c uthcr vnl un ble consh\ora ttcms as hereinafter set forth,
c:oes ·r.y t:.her:Je r·resents grant, targaln, sell, convey and confirm unto the
sa if2 g,rantee, o ric;n"..; uf way or easement for pub.lic sevwr, with necessary
appurtenances, ov8r, through, under, across and upon the following described
property situalea in Kine County, Washington, morri particular~y described
The 3outh ten (10) feat of that certain parcel of land more
particularly aescritcd as follows:
Curmncnc int; at: 8 ::;tone monument used as the SE eorner of Gov. Lot li,
.'kc. 1:5, 'I\"ip. ~2 IJ., .i-t. j E 1tJM, which stone monument is North
i.t(Y-'33 1 t.:::l._;t '( .:+!~ feet ft·om th'; true .SE corner of said Gov. Lot 4;
running thr::nc:::; we:;t Along the south line of said Gov. Lot 4 a distance
of 110 ft.; thence north 1 °21' 00 11 east 6'(6 ft. to a point vm1ch is
the tru~; poirn; of beginning of this description; thence north l 021' 00"
east 62'/. 06 ft., more or less, to the north line of na id Gov. Lot 4;
thence south hC.oocl' 00 11 east a long said north 1 ine 135. d(> f't., more or
less, to the northeast corner of said Gov. Lot 4; thence south
2°2')'00 11 ';'lest along the east line of said Gov. Lot 4 a distance of
623 ft., more or Jess, to a point which is due east of the tr~e
point of bc~inning; thence west 123.4'( ft., more or less, to the
t:::-·ue poi!'lt of beE:inning.
:~s i't;rther consider3tlon for the granting of this easement, the grantcle
covenants and agrees that in the construction of said sewer there nhall be
installed therein, within tbe confines of the easement herein granted, and
at a point to be selected by the grantor, a connection 11 Y11 in order that
the premises of the grantor may be connected to said sewer, and the grantee
r;overwnt~'J nne! CJi~rcr;::; 1,hat the c;rantor may connect to s::1id public sev)cr at
such time 0 s [:;h 1.: may oe Bl re, at no coDt to herself other than the standard
connection and in3f;ection charge then in effect.
The said crantee shall have the right without prior institution of
suit or proceedinc; at la-v;, at times as nk'3Y be necessary, to enter upon
snid pruperty Cur th<~ jJUrpos(~ of c:on:_>tructing, rep.:Jir•ing, altering or
ree:or.Htr·t.u:tlng :;~_d<i public nm1er or maklnr, nny <:onnectlmHl t.hercw.Lth, withou.
EMERSON 8. THATCHER
LAWYEFI
1 . KENT. WA'3HjNC3TON
..
incurring any legal obligation or liability therefor; provided that such
con~:tr-,_u;Unr~, r·r~fJalr•:tng, Dl terin.£-s or reconstructing of said public sewer,
or mak1n[<: cunnr:etJ.on:J thereto, shall be accompliahed ln such a manner that
.. the private improvements existing in this right of way shall not be dis~
tur'bed or destroyed, or in the event they are disturbed or destroyed, they
will be replaced in ns good condition as they were immediately before the
property 1\fJ s enteroJ by the c;rantee.
Tl1e grantor 3hall retain the right to use the surface of said easement
so long 8s said use does not interfere with the installation and maintenance
of the ~>aid public sevwr, and so long as no permanent buildings or structure
ar-e ere8ted on saicl easement.
This easement shall be a covenant running with the land and shall be
binding upon the grantor's successors, heirs and assigns.
/
STl\TE OF w.C..SHING'l'ON
COUN'.zy OF KING
On tttls day personally appeared before me HAZEL B. FOURNIER, to me
known:to be the individu3l described in and who executed the within and
foregoing instrument, and acknowledged that she signed the same as her
fr-ee and voluntary 8ct and deed, for the uses and ~~oses therein mentioned
GIVEN under my hand "nd of'f1c1al se~)th1s J?-ctoy of ~Pt_:~C~~yl963: ~ .
···· C7y-j~~J.!lNl~.:J~ .-L ~ ~\!\\~,.
EMERSON B. THATCHER
LAWYER
KE:NT. WA.9HINOTON
. ;r ', '·• ~:~.~ :
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-· ' · -,~ -~·::-~·~~ · :'~(,...-;;ze' &a_:___
ers a ~c er
Nota Public in and for the State of
Washington, residing at Kent.
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EASEMEN'l'
THI.S INS'IRUMEN'r made t.his by of September, 1963, by and between
HAZEL n. FOUHNIEH, a :Jinfl;J e vJom8n, hereimLf.'ter called tho 11 gr~~ntorrr, and
the City uf Kent, a munleipal corporation of King County, State of da~;h
ing;ton, herelna ftor called the 11 grantee'':
~hat the grantor, for and in consideration of the sum of One Dollar to
her in h8!ld paid t;y th8 grantee~ receipt whereof is !wreby acknov.Jledc;ed,
does by these presentG grant, bargain, sell~ convey and confirm unto the
said gr.:.ntee a rlc;ht of \vay or easement for the making of slopes and fills
in the construction and maintenance of an extension of Hazel Ave. North
into the l'l~Jt of ifal.Lcy Crest, accordin~ to plat thereof recorded in
Volume 74 of Flats, page 10, record~:; of King County, over, across 8nd upon
the follovJ ing described pr·operty si tu8 ted in King County, Washington, and
more particul~rl) described as follows, to-wit:
Commcncinr:;. at the northeast corner of Kent View Addition, according
tu pl2n tll8 r·3o:· recorrJed in Volume 41 of pla tG) pa£.::e 1, I"C cords of
Kin;,:; C>JLmty, ·\'ia t;hi ngton, the r,oint of beginning; thence northerly
alrm:~ '!:he JH'rJJI,n;:::;ou,,n of the Pact line of c~Jld Kunt Vii)W Addition
to 1 t:> Ln-G·}::or;r:ctton with the southeast line of Lot 38, Valley Crest,
::lc;cording tu plat thereof', recorded in Volume 74 or plats, pCige 10,
recordf_; ui' K1nt_, County, Hashington; thence southwccterl~' along said
3outheasterly llne of said Lot 38 to the \'Jest line of Valley Cre~>t;
thence ;..;outhcrly Alun~ said west line and its prolongation to the
:L1te rsect len ·,Jl th the north 1 ine of' the a fore said Kent VievJ .L,ddi tion;
thence r:.Jsterly .1long said north line to the poJnt of be[.;innlng.
":'hG ~Eild ~~rantc:e ~;hGll have the right vJithout prior institution. of
suit or procr.:edinf<; c.Jt lav1, 8t times as may be necessary, to enter upon
said property for tite purpcx>e oi' making slopes and fills, for the conGtruc-
tion, repairing, al ter•ing or reconstruction of thA ext(msion of Hazel Ave.
int•.; said Valley Crest P.ddition, v-lithout incurrlng any legal obligation or
liability therefor; provided that such slopes 2nd fills, done in the said
extension of Hazel !\ve. into the sald Valley Cref>t ['.ddition shall te
accomplished in such rn:Jnner that none of said fi11 sh:1ll extend beyond the
confines or the r~ropr:;r-ty hereinabove described.
'L'h t;~ ':'-'\ nement ~;h~ .. 111 r)e ~ covenant running with the land ::md shall be
binding on the srantor 1 s successors~ /
111 zelS. Fournierv
1 .
EMERSON B. THATCHER
LAWYER
KF.NT, W~9HII'4(]fQN
COU:ITY nJ:i' KING
Cn this day pr: r·2onally appeared before me HAZEL B. FOURNIER, to me
kLG''m Lo V! try~ ind Lvirl:l3l described in ancl \'<lho ex•~cutec1 the wi t!1in and
foregoing in3trurncnG, und aekn<Mledged that she slgncd the• ::.;CJme as her'
free and voluntary act Hnd deed, for the uses and purposes therein
ment:!.oned. Jn
GIV:E:N unde~.' my hanJ ::md official seal this ~3.Y ci' E'eptember, 1963.
EMERSON B. THATCHER
LAWYE.FI
K!-"--T, WABHINOrON
Emerson
Notary Public: in and for the State of
lvashington, residing ~t Ke.r1t.
2.
,.-/.
EASEMENT
'2:'HIS IN3TRUJV.ENT made this 17th day of September, 1963, by and between
COMPANY, 11 11 ' CARROLL MOR1GAGE ija., a corporation, hereinafter called the grantor , ana
the City Df Kent, a municipal corporation of King County, State of Washing-
tun, here ina fte r called the" grantee 11
:
WITNESSETH:
'T'hat the said grantor, for and in consideration of the sum of One Dollar
\ to it. in hand paid by the grantee, receipt whereof is hereby acknowledged,
does by these presents gr3nt, bargain, sell, convey and confirm unto the
said grantee, 3 right of way or easement for public sewer, with necessary
appurtenances, over, through under and across, and upon, the following
described ~roperty situated in King County, Washington, rnor2 particularly
described as follows:
A strip of land 10 feet wide, 5 feet each side of the line dividing
Lots 24 and 2::, Valley Crest, according to plat thereof recorded
in Volum0 74 of plats, p3ge 10, records of King County, Washington.
The said grantee shall hnve the right without prior institution of
suit or proceeding at J.aw, at times as may be necessary, to enter upon
said property for the purpose of constructing, ·repairing, altering or
rcconstructine; said public sewer or making any connections therewith, with-
out incurring any legal obligation or liability therefor; provided that
such cun;::tru(;ting, repairing, altering or reconstructing of said sewer, or
making connect1on~3 therewith, shall be accomplished in such a mc:.:mncr that
the private improvements existing on this right of way shall not be dis-
turbed or destroyed, or in the event they are disturbed or destroyed, they
will be repl::J ced ln o s good condition as t11ey were irnmedia tely before the
property was entered upon by the grantee.
The ~ranto~ sh~ll 1~tain the richt to use the surface of said casement
so long <J ::; l..i<:dd une d(Je l; not interfere with the installation and mn intenance
of said public ;;ewer, and its appurtenances, and so long as no permanent
buildings or structures are er·ected on said easement.
ThiS easement shall Le a covenant running with the land and t;hall be
binding upon the grantor's successors, and assigns.
EMERSON B. THATCHER
LAWYER By:
KENT, WASI-itNGTON "C" ec.
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M
L •
••''1
STATE CF ~·JASHINGTON
COUNTY OF KING
On this day personally appeared before me J. V. Mcintosh
and William A. Branigin , to me known to be the president and
COMPANY
sE:cretary, respectively of CAHROLL MORTGAGE ~~., the corporation that
executed the for·ego:tng instrument, and acknowledged the said instrument
to be ~he free and voluntary act and deed of said corporation, for the
uses and purposes thcY'ein mentioned, and on oath stated that they are autho:ra-
ized to execute the said instrument ond that the seal affixed is the corpora e
seal of said corporation.
GPTt;N under· my han(i and official seal this _!!_dAy of September, 1963
2.
EMERSON B. THATCHER
LAWYER
KENT, WA!5HINGTON
..
DRAINAGE RELEASE
. '
THIS GRANT, made. at Kent, Washington, on the l3t:'1 day of --"J_u_'t_le _____ , 1963,
by and between r!':l zel J3. Four'nier aM a slh:;le woman
. Po rty
· ~:1\m>>:W~F:£, HEREINAFTER CALLED THE FIRST ~1SCI)!~~, And the CITY OF KENT, a
MUtJJCIPAL CORPORATION, HEREINAFTER CALLED THE SECOND PARTY, and
!AJ rty she is _;
WHEREAS, first ;.p.artkes represent and warrant that they arre< the owner~ of that
certain parcel of land described as followsCommc'ncin:~ Cl t a i:tont::: monum,,mt uflcd as
the ::o::-; r;:.Jr·:-1:r· uf.' r-..;•Jv. r,ol 1+, ;")..~c. Jh,'J'V~IJ. ~)2 N.,H. j EWf\'1, VJllich f~t\mc:-: mOWiffi..'nt
hi :~ortr. Li~~c)S3'~':a~:l (./.1 1! i'et<;t fr·ur!lthe ':rut; 01~ cor·ner' of ~~<li(l Gov. 1,ot 1+;
~unnin0 'vbr;:r_ce ,.Jest ~JlOD€, the south 11ne of }.nid Cov. I,ot 4 a c1 j::;tc;mce L).t'
llO i'c.; thence nortlll 0 21'00 11 cast (/(6ft. to a point which i8 the true point
o:f' r)e~~inrd.ng of thi ;:; de sc rjr: t ion; ti1encc north 1°21 1 00 11 ~:a st 62'('. 06 ft., more
or let:::: tu -c;he north lin,_; of oe id Gov. Lot .4; Lhenco 0o.tth di..~0 00 1 CO" ea ~;t
alons said n,Yr>th :J 1.iif) J]).L6 ft..,· m:n-:3 or leso, to the nu.C'thoa2t corner of
said Cov. Lnt LJ.; +",hence sou~h 2()29'00 11 vJost <llonc; the e:1st l:Lne of said Gov.
U>t 1+ 8 o:i_sj.:;<.:mce cf rJ2j ft., more or· less, to a point "'lh:.ch is au~ east of tnc
t;.>u~ I:,oi nt ::,f beg;::..nning; thence west 123. W( ft., more· O!' less, to th~ true
point of bee:; '.~rdnr.;. ·
and
WHEREA:), the second party by Its Cify Council, Is about to accept for recording
a plat known as Valley Crest wherein the natural drainage flow from said plat T.s at ·
times across the property of the First PartVes, NOW, THEREFORE ·
IT IS MUTUALLY AGREED AS FOLLOWS: that the said First Partt~s hereby consents
to the natural flow of surface water from said plat to be carried in its natural
channel across the property of the First Part~s and to hold the City of Kent
blameless for any damage that may be caused by said drainage flow, and this con-
veyance shall be a covenant running with the lend and shall be binding upon all
p~rtles and their heirs and assigns forever.
IN WITNESS WHmEoF the parties hereto have hereunto set their hand and seals
at the day and year first above written.
WITNESS:
ATTEST:
CHARLES BRIDGES
City Clerk
By: -----------------------------------
CITY OF KENT, WASHINGTON
By:
------------------------------~---
MAYOR
PARTY OF THE SECOND PART
I;XlfiBiT "D"
.; •' ;!.
STATE OF 'tlASHINGTON
COUNTY OF KING
On this day personally appeared before me HAZEL B. FOtiRNIER, td me
known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that she signed th~ same as her
free and voluntary act and deed, for the uses and purposes therein mentioned
GIVEN u:r;1der my hand and official
EMERSON B. THATCHER
LAWYER
KENT, WASHINC:ITON
2.
June, 1963.
for the-State of
at Kent