HomeMy WebLinkAboutCAG2019-484 - Original - Settlement Agreement - S. 228th Street UP Grade Separation Agreement Routing Form
KEN T For Approvals,Signatures and Records Management
W ASNIN GTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Cheryl Rolcik-Wilcox Department: Public Works
Date Sent. 10/22/2019 Date Required:
io
> Authorized Director or Designee Date of
0
a to Sign: Council
aMayor Approval:
Budget Grant? Yes No
Account N/A
Number: Type:
Vendor Lift Category: Other
Name:
c
Vendor Sub-Category Other
0 Number.
Project Settlement Agreement - S 228th UPPR Grade Separation Project
L Name:
0
c Project Improvements and Signage
-w Details:
Agreement
Basis for
d Amount: Selection of
Contractor:
L
1M
a Start Date: 10/22/19 N/A
Termination Date:
Notice required prior to Yes No Contract Number. GA-C.:r tol y'- ` az/
disclosure?
Date Received by City Attorney: Comments:
c
3
0
N
41
L
3
i.r
10
Date Routed to the Mayor's Office:
in
y Date Routed to the City Clerk's Office:
ar
Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373 6 19
Settlement Agreement
South 228`1i Street UPRR Grade Separation Project
City of Kent Project Number: 07-3022R
King County Tax Parcel Number: 383090-0060
This Settlement Agreement ("Agreement") is entered into on the last date signed below between
the City of Kent, Washington, a Municipal Corporation ("City") and LIFT 228TH STREET 7416
LLC ("Lift"). The City and Lift will be referred to as "the Parties."
Recitals
A. Lift owns real property legally described in the attached and incorporated Exhibit
A (the "Property"), King County Tax Parcel Number 383090-0060. The City is constructing its
South 2281h Street UPRR Grade Separation Project(the"Project") along South 228`h, which abuts
the Property.
B. The owner of the Property prior to Lift was Gull Industries, Inc. ("Gull). The City
and Gull entered into a Possession and Use Agreement("P&U Agreement")for the Property dated
March 1, 2018, attached and incorporated as Exhibit B. Under the terms of the P&U Agreement,
the City paid Gull $781,900.000, purchased easement rights for the Project on the Property, and
conveyed an access easement for the Property over an adjacent parcel ("Access Easement").
C. The City and Lift desire to fully settle all claims pertaining to the Property as a
result of the City's Project.
Now, therefore, for good and valuable consideration, the Parties agree as follows:
Agreement
1. RECITALS. The Recitals above are incorporated into the Agreement between the
Parties.
2. PROJECT AND LIFT WORK. In addition to the terms in the P&U Agreement, the
Parties agree on the following as full and final settlement of the City's acquisition of
property rights and payment of damages for the Property regarding the Project:
a. the City will install signage for Lift's tenant, Pacific Metal Company ("Tenant"),
at the new driveway off of 761h Ave. S. as described in Exhibit C attached and
incorporated herein;
i) the color of Pacific Metal's logo will be black and blue and the City shall, to
the best of its ability, match the colors reflected in the logo attached as Exhibit C.
ii) the monument shall be two-sided as to be seen when traveling north and south
on 76`h;
1
103073700.2 0069339-00006
b. the City will provide and install the six(6)directional signs depicted in the attached
Exhibit D 1 and D2;
c. the Tenant's building currently includes the address of the Property (7416 South
2281" Street)on the southeast side of the building;the City will remove the existing
sign,grout any holes or gaps left by the removal,and install signage on the northeast
side of the building of like size and style;
d. the City has revised and replaced the stormwater detention pond on the site adjacent
to the Property to provide the Property with additional vehicle maneuvering space;
e. the City agrees to widen the driveway shown in Exhibit E to 53 feet from the
original width of 31 feet;
f. the City agrees to install a new eight (8) foot high chain link fence and a fifty-four
(54) foot wide x eight (8) foot high chain link gate with barbed wire at the north
boundary line of the Property at parcel 132204-9219;
g. the Parties recognize that Lift wants to add additional pavement on the property
occupied by Pac Metals, parcel number 132204-9219 ("Lift Work"), on the
Property. The Lift Work has been discussed by the Parties as it may be done at the
same time the Project is being constructed. The Parties recognize that the Lift Work
is not being approved by the City in this Agreement, but that in general permits for
this type of work require two to three months for review. The actual amount of
review time necessary is dependent on the quality of documents submitted by the
applicant, timing of submittals by the applicant, and length of time the City takes
for its review. The City's Public Works Engineering Department has agreed to
facilitate the review process given its knowledge of the Property and the related
Project.
h. The Parties agree that if the Lift Work is performed while the City is constructing
the Project the Parties will coordinate and cooperate in good faith so that both the
Project and the Lift Work are impacted the least amount by the other project.
Coordination will include an exchange of information regarding project managers
so that information may be shared in an effective manner. The project managers
will exchange and coordinate project plans for the areas of possible conflict.
i. The City agrees to use commercially reasonable efforts to minimize any disruption
to Tenant's use and enjoyment of the Property in connection with any work
undertaken by the City on the Property.
2
103073700.2 0069339-00006
3. MUTUAL DRAFTING / ATTORNEYS' FEES. The Parties agree that they
participated fully in the negotiating and drafting of this Agreement and the rules of construction
of ambiguities against the drafter shall not apply. In the event of litigation, the Party that
substantially prevails shall be entitled to attorneys' fees and all necessary litigation expenses
incurred in obtaining relief, including any appeal arising out of the litigation.
4. ASSIGNMENT. This Agreement shall bind and inure to the benefit of the Parties and
their respective successors and assigns.
5. AMENDMENT. This Agreement may only be amended in writing, signed by all
Parties.
6. SEVERABILITY. In the event any term,covenant, condition, or provision contained
in this Agreement is determined to be invalid,voided or otherwise unenforceable, by any court of
competent jurisdiction, such determination shall in no way affect the validity or enforceability of
any other term, covenant, condition, or provision contained in this Agreement.
7. AUTHORITY TO SIGN. The signatories to this Agreement represent that they have
the full authority of their respective entities to commit to all of the terms of this Agreement, to
perform the obligations hereunder and to execute the same.
8. EXECUTION. This Agreement may be executed in counterparts and/or transmitted
electronically, and copies so executed or transmitted shall be deemed originals.
9. ENTIRE AGREEMENT. This Agreement,together with all Attachments hereto and
the Judgment and Decree, constitutes the entire agreement between the Parties with respect to the
subject matter of this Agreement. This Agreement is specifically intended by the Parties to
supersede all prior agreements whether written or oral.
Dated:
Lift: Lift 228th Street 7416 LLC,
a Delaware limited liability company
By: Lift Real Estate Partners Fund I Non-REIT LLC,
a Delaware limited liability company,
its sole member
By: Lift Real Estate Partners Fund I, L.P.,
a Delaware limited partnership,
its sole shareholder
By: LRPGP, LLC,
a California limited liability company,
its general partner
By: Lift Real Estate Partners II LLC,
a California limited liability company,
103073700.2 0069339-00006
its sole member and manager
By:
Name: _
Title: Ma?Vag��rDate:
Dated: O �-2 L-2-0 City of ent
By• P"uo
Tim LaPorte
Public Works Director
4
103073700.2 0069339-00006
LOT 6, KENT VALLEY INDUSTRIAL PARK,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
97 OF PLATS, PAGES 30 THROUGH 35, INCLUSIVE, IN KING COUNTY, WASHINGTON,
A NON-EXCLUSIVE APPURTENANT EASEMENT OVER THE SOUTHERLY 10 FEET OF THE PREMISES
IMMEDIATELY ADJOINING ON THE NORTH,AS GRANTED UNDER INSTRUMENT RECORDED
UNDER KING COUNTY RECORDING NUMBER 7401310120 AND RERECORDED UNDER KING
COUNTY RECORDING NUMBER 7407010102.
Exhibit A
After recording return document to:
City Clerk
City of Kent
Public Works Design Department
220 Fourth Avenue South
Kent, WA 98032
Document Title: Possession and Use Agreement
Grantor(s): Gull Industries, Inc.
Grantee(s): City of Kent
Abbreviated Legal Description: Lot 6, Kent Valley Industrial Park Vol.
97, pgs. 30-35, King County
Additional Legal Description is on Exhibit A of Document
Assessor's Tax Parcel Number: 383090-0060
POSSESSION AND USE AGREEMENT
City of Kent S. 228th Street UPRR Grade Separation Project
This Agreement ("Agreement") is made and entered into by and between the
CITY OF KENT, a Washington municipal corporation, hereinafter referred to as
the "Agency" or the "City", and the undersigned, GULL INDUSTRIES, INC., a
Washington corporation, who took title as 228th St-Kent LLC, a Washington
limited liability company, hereinafter referred to as the "Owner" as of the last
date set forth in the signature blocks below (the "Effective Date"):
WITNESSETH
WHEREAS, the Agency affirms that easements over the Owner's real estate
described herein on Exhibit A are required by the Agency for immediate
construction of a roadway project.
AND WHEREAS, the Agency affirms that any delay in its construction program is
contrary to the public interest;
FA No.`iTPR-1?16004j
[.PA-317 Page 1 J('}Pages PA cel NO.114V701 S-001
2o16
Exhibit B-1
City(if Kent S.229th St.
UPRR Grade Separation Project
Possession and Use Agreement
AND WHEREAS, the Agency has made a firm and continuing offer in lieu of
condemnation to pay the amount of $781,900.00 to the Owner for the purchase
of certain easement rights as described in Exhibits 8 end C, and as shown on
Exhibits D and E, over the following described real property situated in King
County, in the State of Washington:
For legal description and additional conditions See Exhibit A attached
hereto and made a part hereof (the "Condemned Easement Area").
AND WHEREAS, the Condemned Easement Area currently contains two curb cuts
that provide the Owner's Parcel with its only access to a public roadway (228th
Street), as shown on ExhibitF;
AND WHEREAS, the Agency has obtained an access easement from the property
owner to the north, such that Owner can access 76th Avenue South as shown on
Exhibit F (the "Declaration of Access Easement");
AND WHEREAS, Owner requires additional time to evaluate said offer to: (i)
resolve any questions concerning whether the payment amount offered by the
Agency is just compensation; and (ii) approve the terms of the Declaration of
Access Easement;
NOW THEREFORE, for and in consideration of the payment of said offer, the
Owner hereby grants to the Agency an easement right to use the above
described real estate and the parties further agree that:
1. The Condemned Easement Area is necessary for a public use of the
City.
2. The Agency will issue payment to the Owner of the amount of the
offer stated above, subject only to deduction of the value of the
interests of mortgagees therein.
3. Execution of this Agreement by the Agency and the Owner shall not
prejudice either parties' rights to subsequent adjudication of the
amount of just compensation Owner is entitled to pursuant to state
LPA-317 Page 2 of(7)Pages Parcel No.PW2015-005
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12 1 05 3-00 1 4i 1 3 8 6 37301.2
Exhibit B-2
City of Kent S.228th St.
UPRR Grade Separation Project
Possession and(Ise Agreement
law, nor the basis therefore, be construed as an admission of fair
market value or just compensation by Owner; provided, however, in
no event shall the amount of final just compensation be less than the
offer amount tendered to Owner under this Agreement.
4. Access during the term of this Agreement shall be provided to Owner
at, over, and through the existing two (2) curb cuts until the City has
completed construction of the Driveway (as defined below) connecting
the Owner's Parcel to a Driveway constructed over a maintenance and
access easement ("Access Easement") on and over the R&M
Investments, LLC ("Grantor's") property. An amendment to the Access
Easement shall contain the following terms and conditions:
4.1 The Access Easement is an exclusive, perpetual easement for
vehicular and truck ingress and egress to and for the benefit of the
Owner's Parcel legally described on Exhibit C;
4.2 The City shall construct the new section of paving connection
the Owner's parking lot with the Grantor's driveway using six inches
(6") access road ("Driveway") within the Access Easement in
accordance with a Driveway plan approved by Owner.
4.3 The City shall complete, or shall obtain the rights for Owner
to complete, the repair, cleaning, maintenance, and replacement of
the Driveway after notice to Grantor such that Owner has the ability to
keep the Driveway 'in good condition and repair.
5. Relocation assistance under RCW Chapter 8.26 is not included within
the offer amount paid to Owner pursuant to Section 2 above, and shall
be evaluated and paid outside of the determination of just
compensation and this Agreement, in accordance with applicable law.
6. If it becomes necessary for the Agency to institute condemnation
proceedings, the Owner has no objection to the Agency entering an
Order Adjudicating Public Use, as provided by RCW 8 Chapter 8.12,
and agree that this instrument shall be treated as having the same
LPA-_17 Page 3 o (7)Pages Parcel No.PW2015-005
'i2016
L 053-0011 13Rt+37307�-
Exhibit B-3
City of Kent S.228th St.
UPRR Grade Separation Project
possession and Use Agreement
legal effect as an Order for Immediate Possession provided by RCW
8.04.090, et seq., which, by this reference, are incorporated herein as
if fully set forth.
7. The date of valuation for the determination of just compensation shall
be the date that this Agreement is accepted and approved by the
Agency's authorized agent, and the Access Easement contains the
provisions required in Section 4 above.
B. Owner hereby waives the requirement of a written notice to move, as
provided by RCW 8.26.180, and subject to the right to use the two
curb cuts as provided in Section 4 above, Owner will surrender use of
the above described real estate to the Agency not later than February
16, 2018.
It is understood and agreed that delivery of this Agreement is hereby
tendered and that the terms and obligations hereof shall not become binding
upon the Agency unless and until accepted and approved hereon in writing for
the Agency by its authorized agent.
[The rest of this page was intentionally left blank]
LPA-317 Page 4 of(7)Pages Parcel No.PW2015-005
7/20t6
12 105 3-00 14/1 3863 7307.2
Exhibit B-4
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City at Kent S.228th St.
UPRR Grade Separation Project
{ Possession and Use Agreement
Date: FS�Iulary _, 2018. �.
City of Kent, a Washington municipal corporation
By:
Timothy ). V&orterPublic Works Director
Authorized Agent
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LPA-317 Page 5 of(7)Pages Parcel No.PW2015-005
7/2016
121053-0014/1396373072
Exhibit B-5
City of Kent S.228th St.
UPRR Grade separation Project
Possession and Use Agreement
Date: February 41 2018.
Gull Industries, Inc., a Washington corporation
Peter A. True
Its Vice President
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this�day of February, 2018, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared PETER A. TRUE, to me known to be the person who signed
as Vice President of Gull Industries, Inc., a Washington corporation, the
corporation that executed the within and 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, and on oath stated
that he was duly elected, qualified and acting as said officer of the corporation,
that he was authorized to execute said instrument and that the seal affixed, if
any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
l4t�.'t'Ct\ ,
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t«ttt afiVItASH� ''�s NOTARY P I�C in and for the s' ing at N��
State of k6 4k * 1`�yt
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LPA-317 Page 6 of(7)Pages Parcel No.PW2015-005
7/2016
121053-0009/138617380.1
Exhibit B-6
City of Kent S.378th St.
UPRR Grade Separation Project
Possession and Use Agreement
Exhibit List
Exhibit A Legal description of Grantor's real property
Exhibit B Form of Utility Easement including legal description
Exhibit C Form of Maintenance and Access Easement including legal
description
Exhibit D Drawing that clearly depicts the Utility easement area on the
Owner's Parcel
Exhibit E Drawing that clearly depicts the Maintenance and Access Easement
area on the Owner's Parcel
Exhibit F Aerial photo with overlays depicting the neighborhood "before"
condition, showing the current driveways and access to 2281" Street
for Owner, Klavano, and Sound Holding, and also showing the
relevant portion of Grantor's property
Exhibit G Aerial photo with overlays depicting the neighborhood "after"
condition, showing the"Owner's Access Easement"to the Owner's
Parcel
Grantor's Initials i
i
LPA-317 Page 7 of Pages Parcel No.PW2015-005
7/2016
12 1 053-000911 3861 7 380.1
Exhibit B-7
EXHIBIT'A'
LOT 6, KENT VALLEY INDUSTRIAL PARK,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
97 OF PLATS, PAGES 30 THROUGH 35, INCLUSIVE, IN KING COUNTY, WASHINGTON;
A NON-EXCLUSIVE APPURTENANT EASEMENT OVER THE SOUTHERLY 10 FEET OF THE PREMISES
IMMEDIATELY ADJOINING ON THE NORTH, AS GRANTED UNDER INSTRUMENT RECORDED
UNDER KING COUNTY RECORDING NUMBER 7401310120 AND RERECORDED UNDER KING
COUNTY RECORDING NUMBER 7407010102.
Exhibit B-8
EXHIBIT B
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: PROPERTY SERVICES
Grantor: Gull Industries, Inc.
Grantee: City of Kent
Abbreviated Legal Description: Lot 6, Kent Valley Industrial Park, Vol. 97, P. 30-
35, King County
Additional Legal Description: On page 5 of document
Assessor's Tax Parcel ID Nos. STR: 383090-0060
Project Name: 228" St. UPRR Grade Separation Project No.: 07-3022R/
UTILITY EASEMENT
This Easement is made and entered into this day of February, 2018, by
and between Gull Industries, Inc., a Washington corporation, which acquired title as
228th St-Kent LLC, a Washington limited liability company ("Grantor"), and City of
Kent, a Washington municipal corporation ("Grantee").
Grantor, in lieu of condemnation, and for and in consideration of mutual
benefits derived and/or other valuable consideration, receipt of which is hereby
acknowledged by Grantor, conveys and quit claims to Grantee an easement for
underground utilities with necessary appurtenances, for the installation, operation,
maintenance, extension, construction, alteration, reconstruction and repair under,
through, across and upon the following described real property (the "Utility
Easement Area"), situated in King County, Washington:
SEE EXHIBITS "A" and "B" ATTACHED
Utility Easement
Page 1 of 5
221053-0014/138643165.2
Exhibit B-9
Grantee shall have the right, without prior institution of suit or proceeding at
law, at times as may be necessary, to enter upon the Utility Easement Area and the
Easement Area defined in that certain Maintenance and Access Easement recorded
of even date, with the necessary equipment for the purposes of altering, installing,
operating, maintaining, extending, constructing, repairing, and reconstructing
underground utility facilities, or making connections to those systems (the
"Utilities") within the Utility Easement Area, without incurring any legal obligation or
liability; provided, however, that the private improvements existing within the
Utility Easement Area shall not be disturbed or destroyed, or in the event they are
disturbed or destroyed, they will be restored to substantially the same condition as
they were immediately before the Utility Easement Area was entered upon by the
Grantee.
Grantor is currently using the Utility Easement Area for ingress, egress,
parking, and landscaping, and Grantor shall retain the right to use the surface of
the Utility Easement Area for such uses which Grantee acknowledges do not
interfere with the Grantee's uses as described in this Easement. Under no
circumstances shall any additional structures be placed or erected on the Utility
Easement Area. Grantor shall not change the surface grades of the Utility
Easement Area in any manner that would unreasonably interfere with ingress,
egress and access by the Grantee for the installation, operation, maintenance,
extension, construction, reconstruction or repair of the Utilities.
Grantee shall at all times exercise its rights under this Easement in
accordance with the requirements of all applicable statutes, orders, rules and
regulations of any public authority having jurisdiction. Grantee accepts the Utility
Easement Area in its present physical condition, AS IS. Grantee does hereby
release, indemnify and promise to defend and save harmless Grantor from and
against any and all liability, loss, damage, expense, actions and claims, including
costs and reasonable attorney's fees incurred by Grantor in connection therewith,
arising directly or indirectly on account of or out of the negligent exercise by
Grantee, its servants, agents, employees and contractors of the rights granted in
this Easement.
Utility Easement
Page 2 of 5
121053-0014/138643165.2
Exhibit B-10
City of Kent S.220(h St.
UPRR Grsda Separation Project
Possession and Uae Agreement
Date: February 1, 2018.
Gull Industries, Inc., a Washington corporation
By:
Peter A. True ""`'--
Its Vice President
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this /(� day of February, 2018, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared PETER A. TRUE, to me known to be the person who signed
as Vice President of Gull Industries, Inc., a Washington corporation, the
corporation that executed the within and 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, and on oath stated
that he was duly elected, qualified and acting as said officer of the corporation,
that he was authorized to execute said instrument and that the seal affixed, if
any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
?M�CNE�F too )
? �= lc1�+f (Sig ture of Notary)
NOTARY o%
pUB
(Print or stamp name of Notary)
NOTARY P BL;C in and for the
fit OP�WASN»�:-�' Z, r fig atState of ��` Gk-*i*«+� My appointment expires:
LPA-317 Page 6 of(7)Pages Parcel No.PW2015-005
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121053-0009/138617380.1
Exhibit B-11
City orient S.228th sty
UPRR Grade Separation Project
Poetemlon and Use Agreement
Exhibit List
Exhibit A Legal description of Grantor's real property
Exhibit B Form of Utility Easement including legal description
Exhibit C Form of Maintenance and Access Easement including legal
description
Exhibit D Drawing that clearly depicts the Utility easement area on the
Owner's Parcel
Exhibit E Drawing that clearly depicts the Maintenance and Access Easement
area on the Owner's Parcel
Exhibit F Aerial photo with overlays depicting the neighborhood "before"
condition, showing the current driveways and access to 228th Street
for Owner, Klavano, and Sound Holding, and also showing the
relevant portion of Grantor's property
Exhibit G Aerial photo with overlays depicting the neighborhood "after"
condition, showing the"Owner's Access Easement"to the Owner's
Parcel
Grantor's Initials
G�
LPA-317 Page 7 of(7)Pages Parcel No.PW2015.005
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121053-00091139617390.1
Exhibit B-12
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EXHIBIT A_
TAX LOT 3830900060
UTILITY EASEMENT
THE SOUTH 26.00 FEET OF LOT 6, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 97 OF PLATS, PAGES 30 THROUGH 35,
RECORDS OF KING COUNTY,WASHINGTON, LOCATED IN THE NORTHWEST QUARTER
OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M, KING COUNTY,
WASHINGTON. CONTAINING 8,501 SQUARE FEET, MORE OR LESS.
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Exhibit B-13
EXHIBIT B
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EXHIBIT C
AFTER RECORDING MAIL TO: i
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Grantor(s): Gull Industries,Inc.
Grantee(s): City of Kent
y Abbreviated Legal Description: Lot 6, Kent Valley Industrial Park Vol. 97, pgs. 30-35, King
f
County
Additional Legal Description: On Page 4 of Document
Assessor's Tax Parcel No.: 383090-0060
Project Name: 2281h St. UPRR Grade Separation Project No.: 07-3022R
MAINTENANCE AND ACCESS EASEMENT
This Easement is made this day of February, 2018, by and between Gull
Industries, Inc., a Washington corporation, which acquired title as 228`h St-Kent LLC, a
Washington limited liability company, hereinafter called "Grantor" and the City of Kent, a
Washington municipal corporation called"Grantee."
Grantor, in lieu of condemnation and for and in consideration of mutual benefits
derived and/or other valuable consideration, receipt of which is hereby acknowledged by
Grantor,does by these presents grant, bargain, sell,convey, and confirm forever unto the said
Grantee, its successors and/or assigns, an easement for ingress and egress, for the purposes of
inspection, maintenance and repair of the Utilities constructed pursuant to that certain Utility
Easement recorded of even date and infrastructure under the adjacent bridge. The frequency
of use for inspection and maintenance of the Utility Easement is anticipated to be twice
yearly, over, across, and upon the following described property (the "Easement Area")
situated in King County, Washington,more particularly described as follows:
I
See Exhibits "A and B"attached.
The Easement Area is currently paved and a portion striped for parking. No other
permanent obstructions of any kind shall be allowed within the Easement Area that would
impede ingress or egress for Grantee's purposes herein defined, or which would increase
Grantee's restoration costs in the event of any necessary repairs or in emergency situations.
Page 1 of 3
121053-0014/138640107 1
I
Exhibit B-15
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Grantor shall retain the right to use the Easement Area for ingress, egress, parking
and incidental storage as an allowed use, and Grantee agrees that Grantor's allowed use does
not interfere with Grantee's uses as granted in this Easement. Grantee shall establish a
biannual schedule or shall give prior notice to Grantor of its intended use, and shall take
t commercially reasonable steps to minimize any disruption to Grantor's allowed use of the
Easement Area. Grantor shall move any interference upon prior notice or provide Grantee an
alternative means of access. Any paved improvements existing within the Easement Area
i and the immediately adjacent incidental areas shall not be disturbed or destroyed by
Grantee's use, or in the event Grantee's use necessitates that they are disturbed or destroyed,
they will be promptly restored to substantially the same condition they were in immediately
before the Easement Area was entered into by Grantee.
Grantee shall at all times exercise its rights under this Easement in accordance with
the requirements of all applicable statutes, orders, rules and regulations of any public
authority having jurisdiction. Grantee accepts the Easement Area in its present physical
condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save
harmless Grantor from and against any and all liability, loss, damage, expense, actions and
claims, including costs and reasonable attorney's fees incurred by Grantor in connection
therewith, arising directly or indirectly on account of or out of the negligent exercise by
Grantee, its servants, agents, employees and contractors of the rights granted in this
Easement.
This Easement shall be a covenant running with the land forever and shall be binding
on the Grantor's successors,heirs,and assigns.
[The remainder of this page was intentionally left blank]
1
121053-0014l1386401021 Page 2 of 3
Exhibit B-16
Dated this day of February, 2018.
Grantor:
1
Gull Industries,Inc.,a Washington corporation
By:
f Peter A. True
Its Vice President
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of February, 2018,before me, the undcrsigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn,personally appeared PETER
A. TRUE, to me known to be the person who signed as Vice President of Gull Industries,
Inc., a Washington corporation, the corporation that executed the within and 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, and on oath stated that he was
duly elected, qualified and acting as said officer of the corporation, that he was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the
State of Washington,residing at
My appointment expires:
Page 3 of 3
121053-0014l138640107,1
I
i
Exhibit B-17
i
! EXHIBIT A
TAX LOT 3830900060
MAINTENANCE AND ACCESS EASEMENT
F
THE SOUTH 36.00 FEET OF LOT 6, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 97 OF PLATS, PAGES 30 THROUGH 35,
RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER
OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M, KING COUNTY,
WASHINGTON, EXCEPT THE EAST 6,00 FEET OF THE SOUTH 36.00 FEET OF SAID LOT
6, ALSO EXCEPT THE SOUTH 24,00 FEET OF THE SOUTH 36,00 FEET LYING EASTERLY
OF THE WEST 12.00 FEET OF SAID LOT 6,
ALSO, THE WEST 12.00 FEET OF THE EAST 18.00 FEET LYING NORTH OF THE SOUTH
36.00 FEET OF SAID LOT 6.
ALSO, THE WEST 12.00 FEET OF THE EAST 18.00 FEET OF LOT 3, CITY OF KENT
REVISED SHORT PLAT NO, SP 84-3 (SPC 84-4), RECORDED UNDER RECORDING
NUMBER 8406151322, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE
NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
KING COUNTY, WASHINGTON.
CONTAINING 9,038 SQUARE FEET, MORE OR LESS.
I
l LA O °r
`•NM 11llt,,Itrtiii
Exhibit B-18
EXHIBIT B
I �
t�
i
PARCEL#1322049219
(LOT 3 REVISED SP 84-3)
UPRR PARCEL#3830900060 i
(LOT 6 KENT VALLEY INDUSTRIAL PARK) I
PARCEL
#3830900050
36' - (LOT 5)
6-
24' ___
S 228TH ST
� f
IMPORTANT:
THIS IS NOT A SURVEY.IT IS 1��
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND, NO LIABILITY IS
ASSUMED BY REASON OF I
RELIANCE HEREON. Project#07-3022
PW2015.005
PORTION OF GULL MAINTENANCE AND
THE NE 114 OF THE NW 114 ACCESSEASEMENT
OF SEC 13,TOWNSHIP 22 N, s.��lc ENT DRAWN BY: TLM
RANGE 4 E,W.M. *""'""°• EXHIBIT
CITY OF KENT SCALE: 1"=10C
LAND SURVEY SECTION DATE: 09t712017
Exhibit 13-19
EXHIBIT F
Color Drawing not recordable
Exhibit B-20
EXHIBIT G
Color Drawing not recordable
Exhibit B-21
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ENGINEERING DEPARTMENT DATE DUNE. 2019 OPTION 3
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VIA
VACIFICAAETiAL SALES/MAIN
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OFFICE
all-
22601 76TH AVE S
KENT, WA 98032 HOURS 9:30-3:00
SIGN #1 SIGN[�4
RECEIVING WILL CALL
HOURS 9:30-3:00
HOURS 9-3
SIGN #2 SIGN5
SALES/MAIN WILL CALL
OFFICE AND
WILL CALL HOURS 9:30-3:00
SIGN #6
SIGN #3
PROPOSED SIGNAGE AT END
OF NEW ACCESS ROAD
KENT
wws�i+oro.
CITY O F KENT SCALE NTS DRAWING
ENGINEERING DEPARTMENT DATE MAY, 2019
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