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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: // // 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. // // 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•''••., GLAND x>0;0 mcn�m Oc� z x D O z - PnO D �m zz = Wzm° a rno_9 A {a -1m� >>xzom / of oo OTT10Wm DC ?on �Zz0x vw zoomgoz►� / rn 'n m- m T Z v FAz zN �O v m / o e 0 Cl) w (n A T Y n m a �0�0p2�C9 0 0 ? 0 C / v w m2 nz z 0) G�i tn=0 / o o =m-n o v> / °o N� ' z A` s rn� N n C r > m rpm < / it 11 II II it II m / Cf) W(,3 C) GJ O 9 m � rn cn x OZ 0 f fin° v N A z � D �1 // �ti wco II II it /3Q, m 'A T 0 -7 -I n O' A N �.f O ne C (n -n W 0 m U) W .0 � o .� 9 �iG tTl m ® rn �f n0 0, ZZ m �o �00 9 Z -I 'o a O z CPs G�.G W ® 00 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 Page 1 of 2