HomeMy WebLinkAboutCAG2019-487 - Original - Settlement Agreement with Regatta at the Lake Homeowners Association - The Lakes Levee Project Return Address:
City Clerk's
City of KentOffice 3 11111111111111
th 111 Ell
4 Avenue South
Kennt, WA 98032-5896 20171204001270
AGREEMENT Rec:592.00
121412017 1:45 PM
„l i�u V KING COUNTY,WA
FIRST`AMERICAN�I �1_• _ 1
WASHINGTON STA RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein). All areas applicable to
your documents must be filled in.
1. Settlement Agreement
2.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document.
(Last name first, then first name and initials)
Said documents were filed of
record as an accomodation only
1. City of Kent It has not been examined as to
2 proper execution or as to its
3. effect upon title
❑ Additional names on page _ of document.
(Last name first, then first name and initials)
1. Regatta at the Lakes Homeowners Association
2.
3.
❑ Additional names on page _ of document.
Legal descriptions (abbreviated: i.e. lot, block, plat or section, township,
range) SW 14-22-4
Assessor's Property Tax Parcel/Account Number
721222-0000
The Auditor/Recorder will rely on the information provided on the form. The staff
will not read the document to verify the accuracy or completeness of the indexing
information provided herein.
Settlement Agreement
The Lakes Levee Project
City of Kent Project Number: 09-3006.2 / PW2012-078
Owner: Regatta at the Lakes Homeowners Association, a Washington Non-Profit
Corporation
King County Tax Parcel Number: 721222-0000
Address: 23710 Lakeside Blvd W., Kent WA 98032
This Settlement Agreement ("Agreement") is dated this /Q�k day of November 2017 between
the City of Kent, Washington, a Municipal Corporation ("Kent" or "the City") and Regatta at the
Lakes Homeowners Association, a Washington Non-Profit Corporation ("Regatta"). The City and
Regatta will be referred to as the "Parties."
Background
1. Regatta owns real property (the "Regatta Property") located at 23710 Lakeside Blvd W.,
Kent WA 98032. The property is located along the Green River, where the City has
constructed/is constructing the Lakes Levee Project (the "Project").
2. To accommodate the City's Project, it was necessary for the City to acquire from Regatta
the following property and property rights:
a. a fee interest in a 25,145 square-foot portion of the Regatta Property shown on the
drawing attached as Exhibit A;
b. a 10,736 square-foot River Protection Easement, the area of which is also shown on
Exhibit A; and
c. a 7,117 square-foot Utility Easement, the area of which is also shown on Exhibit A.
3. The City obtained an appraisal of the Regatta Property on February 17, 2015, and—based
on that appraisal—made an offer to purchase the necessary property and property rights for
$272,900.00. Regatta subsequently countered the City's offer, but the City rejected the
counteroffer.
4. On July 2, 2015, the Parties signed a Possession and Use Agreement, regarding which the
City paid Regatta $307,012.50.
5. The Parties now settle all claims for just compensation as follows:
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Kent—Regatta HOA Settlement Agreement- 1
Agreement
6. No later than November 22, 2017, the City shall pay to Regatta the sum of$23,000.50
(twenty-three thousand and fifty/1001" dollars) by check (the "Settlement Check") made payable
to The Rodgers Deutsch &Turner Trust Account on behalf of Regatta at the Lakes Homeowners
Association. In combination with funds previously paid, this amounts to total just compensation
in the amount of$330,013.00 (the "Settlement Amount"), which the Parties agree constitutes
full and final just compensation to Regatta in settlement of any and all claims that Regatta may
have in connection with the City's construction of its Project.
7. No later than November 5, 2017, Regatta shall provide to the City a copy of invoices to
Regatta showing legal fees incurred in this matter on Regatta's behalf of no less than $750.
Assuming such invoices are provided to the City in a timely manner, then no later than
November 15, 2017, the City shall pay by separate check (the "Reimbursement Check") made
payable to The Rodgers Deutsch and Turner Trust Account in the sum of$750 (seven hundred
fifty and no/100th dollars) for Regatta's benefit representing a portion of Regatta's costs of
evaluating the City's offer.
8. The Settlement and Reimbursement checks referenced in paragraphs 6 and 7 above shall
be mailed to Rodgers Deutsch and Turner, 3 Lake Bellevue Drive, Suite 100, Bellevue WA 98005.
9. Upon receipt of the Settlement Check mentioned in paragraphs 6 and 7 above, Regatta
shall deliver to the City the following documents:
(a) A fully executed Quit Claim Deed in the form attached as Exhibit C;
(b) A fully executed River Protection Easement in the form attached as Exhibit D; and
(c) A fully executed Utility Easement in the form attached as Exhibit E.
10. No later than December 31, 2017, the City and/or its agents and contractors shall complete
construction of the improvements shown on Exhibit B, attached.
11. The Parties hereby agree to execute any other documents that may be necessary to give
effect to this Agreement.
IN WITNESS WHEREOF, this Settlement Agreement has been entered into effective
November 10 , 2017.
//
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Kent— Regatta HOA Settlement Agreement- 2
Regatta at the Lakes Homeowners Association, a Non-Profit
Corporation
B
Its President, Kathiqones
City of Kent
B
Timothy LaPor , Public Works
✓Director
Approved:
B C/�
t�x'
Tom rubaker, City Attorney
Exhibit List - Exhibits A through E
Exhibit A Drawing showing the fee take and two easement areas
Exhibit B Drawing and list showing remaining on-site work to be completed
Exhibit C Form of Quitclaim Deed including legal description
Exhibit D Form of River Protection Easement including legal description
Exhibit E Form of Utility Easement including legal description
Kent— Regatta HOA Settlement Agreement- 3
S.W. SEC. 14 T. 22 N R. 04 E
w
721222-9000
/ MULTIPLE ACCOUNTS I
23710 LAKESIDE BLVD W--
- ;REGATTA L_� � -_- _-r-
F-L
``y ✓ t_ L0'T I 4
NEW RAW AREA =25A4.5—SQ FT
NEW:RIVER,PROT€CTION EA�EMENT AREA 10,736 SQ F�
% NEW UTILITY EASEMENT AREA=7,117 SQ FT
15' L�IVER PROTECTION— I
EASEAf AT '!
10' UTILITY \�
EASEMENT
-�' _ btS6;) LNG R IW
-O �� ZR
R�SSELLORDINARY NIGN WA
R1� 20.25
PROPERTY
ACQUISITION
'NEW EASEMENT '' GREEN
REGATTA PARTIAL TAKE
LOT 1
KENT
vi........ SCALE: 1" = 80' EXHieR
721222-0000 CITY OF KENT
ENGINEERING DEPARTMENT DATE: 07 2015 A
Exhibit B
The below listed items are the work the City plans to complete on or near the Upper Russell Road
Levee near the Regatta at the Lakes community.
• Stairway Access-The City is underway with construction to build an asphalt landing on
top of the levee abutting the stairs constructed by the project. The landing will connect the
stairs to a new ramp from the top of the levee to the Green River Trail. The new ramp is
also currently under construction.
• Handrail on Ramp-The City is also underway with construction of a handrail on the
existing ADA ramp on the levee. The handrail will be installed within the next month.
• Levee Gates-The City is working with the Regatta at the Lakes HOA as well as other Lakes
Community HOAs to determine styles of gates to be installed to reduce pedestrian and
cyclist traffic on the levee. The gates will be installed within weeks after a style has been
approved by the HOAs.
• S. 240th Street Trail Connection-The City has a project under construction that will build
a pathway from Lakeside Boulevard to the Green River Trail. The project will allow
pedestrians an off-roadway path between the Lakes Community and the Green River Trail.
WHEN RECORDED RETURN TO: EXHIBIT
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: Property Services
Grantor: Regatta At The Lakes Homeowners Association
Grantee: City of Kent, a Washington municipal corporation
Abbreviated Legal Description: Common Area of Regatta At The Lakes, a
Condo., Vol. 121, pgs, 19-30
Additional Legal Description on: Exhibit A
Assessor's Tax Parcel ID No.: 721222-0000
Project Name:Upper Russell Road Levee - South Reach #09-3006-2/PW2012-078
QUIT CLAIM DEED
Regatta At The Lakes Homeowners Association, a Washington nonprofit
corporation ("Grantor"), 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 the City of Kent, a Washington municipal corporation,
for any and all municipal purposes as Grantee ("Grantee"), all its interest, including
any after acquired title, in the following described real property parcels, situated in
King County, Washington.
SEE EXHIBIT "A" ATTACHED
"Government Transfer, under the threat of condemnation"
(Signature and Notary Acknowledgment Appears on Next Page)
QUIT CLAIM DEED Regatta At The Lakes- Page 1 of
GRANTOR:
Signature
Print Name:
Title:
Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
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 President of
Regatta at the Lakes Homeowners Association to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
Name:
Kent City Attorney
P:`,C i v i I\Forms\Deeds,Easements,QuitC laimDeed,Leases\Quitc IaimDeed-L LC.2012.doc
QUIT CLAIM DEED Regatta At The Lakes- Page 2 of _
EXHIBIT A
TAX LOT 7212220000
THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN
VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT
THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF
CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY,
WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE
SOUTHWEST 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
S70024'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY
MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5°39'21", AN ARC DISTANCE
OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A
CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH
69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; 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 TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES,
CONDOMINIUM, PHASE 1, BEING THE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY
MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03°17'03", AN ARC
DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT
RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297,35; THENCE
N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS,
CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET; THENCE
S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET;
THENCE S68039'47"E 65.34 FEET; THENCE S71100'54"E 28.90 FEET; THENCE S69157'17"E
186.39 FEET; THENCE S62156'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET;
THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE
SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1;
THENCE S36006'49"W, ALONG SAID SOUTHEASTERLY LINE, 41.50 FEET TO THE POINT OF
BEGINNING.
E.
CONTAINING 25,144 SQUARE FEET, MORE OR LESS. •Ot WAS•''••.,
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WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Ave South ���
Kent, WA 98032
Attn: Property Services
GRANTOR(S): Regatta at The Lakes Homeowners Association
GRANTEE(S): City of Kent, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION: Common Areas of Regatta At The Lakes, a
condo., Vol. 121, pgs. 19-30
ASSESSOR'S TAX PARCEL NUMBER(S): 721222-0000
PROJECT NAME: The Lakes Levee #09-3006.2 / PW2012-078
RIVER PROTECTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, the
GRANTOR(S), Regatta At The Lakes Homeowners Association, a Washington
nonprofit corporation 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")
Together with reasonable ingress and egress upon the Property to access the
Easement Area.
River Protection Easement, Regatta At The Lakes - Page 1 of
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
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.
GRANTOR(S):
Sign Name
Print Name /Acting As
Date
(Notary Acknowledgment(s) Appears on Next Page)
River Protection Easement, Regatta At The Lakes - Page 2 of
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
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 President of Regatta At The
Lakes Homeowners Association to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
River Protection Easement, Regatta At The Lakes - Page 3 of
EXHIBIT
TAX LOT 7212220000
RIVER PROTECTION EASEMENT
THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS
RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30,
INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS
RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86,
INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST 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 S70024'10"W; THENCE
NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF
RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5°39'21", AN ARC DISTANCE OF
77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A
CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64
THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; 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 TO THE MOST SOUTHEASTERLY
CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE
CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE
NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF
03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND
CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT;
THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A
POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE
RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF
BEGINNING; THENCE S691133'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF
RUSSELL ROAD, 149.01 FEET; THENCE S68039'47"E 65.34 FEET; THENCE
S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E
129.28 FEET; THENCE S68102'33"E 33.75 FEET; THENCE S74139'04"E 30.34 FEET;
THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA
AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID
SOUTHEASTERLY LINE, 15.01 FEET; THENCE N52013'57"W, LEAVING SAID
SOUTHEASTERLY LINE, 82.65 FEET; THENCE N74039'04"W 32.44 FEET; THENCE
N68002'33"W 32.22 FEET; THENCE N62056'07"W 129.53, THENCE N69057'17"W
187.45 FEET; THENCE N71°00'54"W 28.73 FEET; THENCE N68139'47"W 65.15
Page I of 2
FEET; THENCE N69033'16"W 169.39 FEET TO A POINT ON THE SOUTHWESTERLY
LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING
THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A
216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE
NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N60017'35"E;
THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
06041'34", AN ARC DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING.
CONTAINING 10,736 SQUARE FEET, MORE OR LESS,
A
Tip••' �4G419
`UAL I.A�
Page 2 of 2
WHEN RECORDED RETURN TO: E�BIT
Public Works Engineering
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
GRANTOR: Regatta at The Lakes Homeowners Association
GRANTEE: City of Kent, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION: Common Areps of Regatta At The Lakes,
a condo., in Vol 121 pgs 19-30
ADDITIONAL LEGAL DESCRIPTION ON Exhibit A OF DOCUMENT
ASSESSOR'S TAX PARCEL NUMBER(S): 721222-0000
PROJECT NAME: UQoer Russell Road Levee - South Reach #09-3006 2 1 PW2012-078
UTILITY EASEMENT
Regatta At The Lakes Homeowners Association, a Washington nonprofit corporation,
("Grantor"), for and in consideration of $ and/or other valuable
consideration, receipt of which is hereby acknowledged by Grantor, conveys and quit claims
to the City of Kent, a Washington municipal corporation, its successors, agents, assigns and
licensees ("Grantee"), a Utility Easement with necessary appurtenances, for the installation,
operation, maintenance, extension, construction, alteration, reconstruction and repair of
utilities, including but not limited to electric utilities, together with necessary
appurtenances, over, under, through, across and upon the following described real property,
situated in King County, Washington.
See Exhibit "A" attached hereto and made a part hereof
"Government transfer under the threat of condemnation"
Grantee shall have the right, without prior institution of suit or proceeding at law, at
times as may be necessary, to enter upon the above-referenced property and immediately
adjacent incidental areas with the necessary equipment for the purposes of altering,
installing, operating, maintaining, extending, constructing, repairing, and reconstructing the
utilities, or making connections to that system, without incurring any legal obligation or
liability; provided, however, that the private improvements existing within this easement
area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or
in the event they are disturbed or destroyed, they will be replaced in as good a condition as
they were immediately before the properties were entered upon by the Grantee.
Utility Easement Regatta At The Lakes ' age 11
Grantor shall retain the right to use the surface of this easement, including the
immediately adjacent incidental areas, so long as that use does not interfere with the uses
described in this document. Under no circumstances shall Grantor place any cement,
concrete or any other structures on the property described in this Utility Easement. Grantor
shall not change the surface grades, except as approved in advance by the Grantee, in any
manner which would unreasonably interfere with ingress, egress and access by the Grantee
for installation and/or normal maintenance 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 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 exercise by Grantee, its
servants, agents, employees and contractors of the rights granted in this easement.
This Utility Easement shall be 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.
GRANTOR(S):
Signature
Print Name:
Its:
Date:
(Notary acknowledgement on next page)
UtilityEasement — Regatta At The Lakes Page 12
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
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 President of Regatta At The Lakes Homeowners
Association to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P:\Civil\Files\Open Flles\0177-2014-Public Works General\UTILITY Easement for PSE-to Kent.Cocx
Utility Easement — Regatta At The Lakes Page 13
EXHIBIT A
TAX LOT 7212220000
UTILITY EASEMENT
THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS
RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30,
INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS
RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86,
INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST 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 S70024'10"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 BRIDGEWATER IV, A
CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64
THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; 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 TO THE MOST SOUTHEASTERLY
CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE
CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE
NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF
03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND
CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT;
THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A
POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE
RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF
BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF
RUSSELL ROAD, 149.01 FEET; THENCE S68°39'47"E 65.34 FEET; THENCE
S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E
129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74139'04"E 30.34 FEET;
THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA
AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID
SOUTHEASTERLY LINE, 10.00 FEET; THENCE N52013'57"W, LEAVING SAID
SOUTHEASTERLY LINE, 81.80 FEET; THENCE N74039'04"W 31.74 FEET; THENCE
N68002'33"W 32.73 FEET; THENCE N62056'07"W 129.45, THENCE N69057'17"W
187.09 FEET; THENCE N71000'54"W 28.79 FEET; THENCE N68139'47"W 65.21
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