HomeMy WebLinkAboutCity Council Committees - Kent City Council - 09/08/2020 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, September 8, 2020
4:00 PM
THIS IS A REMOTE MEETING
Due to the COVID-19 pandemic and in accordance with
the Governor’s proclamation
THIS IS A REMOTE MEETING
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 915 7101 5116
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
1. South 224th Street Project Phase II Drainage Easement,
Acces Easement, Temporary Construction Easement, and
Right-of-Way Acquisition - Authorize
Cheryl Rolcik-Wilcox
2. Clark Springs Habitat Conservation Measure - Property
Purchase - Authorize
Cheryl Rolcik-Wilcox
3. INFO ONLY: Small Business Grant Update Bill Ellis
4. INFO ONLY: July Financial Report Michelle Ferguson
5. Payment of Bills Paula Painter
6. Ordinance Extending the Square Footage Component of
the City's B&O Tax to Include Outdoor Warehousing
Paula Painter
Committee of the Whole Committee of the Whole -
Regular Meeting
September 8, 2020
Activities - Adopt
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 8, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: South 224th Street Project Phase II Drainage Easement,
Acces Easement, Temporary Construction Easement, and
Right-of-Way Acquisition - Authorize
MOTION: Authorize the Mayor to sign a final settlement agreement along
with all documents necessary for the acquisition of a Drainage Easement,
Access Easement, Temporary Construction Easement, and right-of-way on
portions of property owned by Craig W. Dougherty and Christine L.
Dougherty, located at 21920 93rd Avenue South (APN 880240-0020), for an
amount not to exceed $40,000.00, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY:
The first two phases of the South 224th Street Project are open to traffic, and once
completed will connect East Valley Highway and Benson Road. The Project requires
the City to acquire from Craig and Christine Dougherty (“Dougherty”) a Drainage
Easement, Access Easement, Temporary Construction Easement, and a portion of
Dougherty’s property in fee located at 22011 76th Avenue South (APN 122204-
9110).
The City and Dougherty signed a Possession & Use/Partial Settlement Agreement
(“P & U Agreement”) dated January 26, 2018, which granted the City possession of
the area to be acquired in fee and the Temporary Construction Easement Area.
Under the P & U Agreement, the City made an initial payment to Dougherty of
$15,000 with the understanding that final agreement as to cash compensation and
other outstanding issues would be negotiated as part of the Final Settlement
Agreement.
As part of a Final Settlement Agreement, the City agreed to correct a drainage
issue that has occurred over time on the property. Dougherty has signed the Final
Settlement Agreement accepting $40,000.00 as negotiated final compensation in
exchange for granting the City a 4,886 square foot drainage easement, a 383
square foot Temporary Construction Easement, a 1,299 square foot access
easement, and ownership of 1,619 square feet portion of the parcel in fee for right-
of-way.
BUDGET IMPACT: $40,000.00 from the South 224th Street Project.
4.1
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SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Final Settlement Agreement (PDF)
2. Drainage Easement (PDF)
3. Access Easement (PDF)
4. Temporary Construction Easement (PDF)
5. Warranty Deed (PDF)
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FINAL SETTLEM ENT AGREEM ENT
S. 224rH/228rH Street Phase II Project
City of Kent Project Number: 16-3004
Owner: Craig and Christine Dougherty
King County Tax Parcel Number: 880240-0020
Address: 2L920 93'd Avenue S., Kent, Washington 98031
This Final Settlement Agreement ("Final Settlement Agreement") is between the
City of Kent, a Washington municipal corporation ("City") and Craig and Christine
Dou gherty (collectively "Dou ghefty").
Background
A. Doughefty owns real property ("Property") located at2L92O 93'd Avenue S.,
Kent, WA 98031
B. To accommodate the City's S.224th/228th Street Phase II Project ("Project"),
the City must acquire from Dougherty the following property and/or propefty
rights:
i. Ownership of 1,619 square feet of the Property as shown on the
attached Exhibit A and depicted on Exhibit A-1 ("Acquisition Area");
ii. A temporary construction easement over a 383 square foot portion of
the Property as shown on the attached Exhibit B and depicted on
Exhibit B-1 ("TCE");
iii. A drainage easement over a 4686 square foot portion of the Property
as shown on the attached Exhibit C and depicted on Exhibit C-1
("Drainage Easement"); and
iv. An access easement over a L,299 square foot portion of the Property
as shown on the attached Exhibit D and depicted on Exhibit D-l
("Access Easement").
C. The City and Dougherty signed a Possession and Use/Partial Settlement
Agreement ('tPartial Settlement Agreement") dated January 26, 20L8, which
is attached as Exhibit E. This Partial Settlement Agreement granted the City
possession of the Acquisition Area and the TCE allowing the City and
Doughefty to continue to conduct negotiations of the issues identified in the
Pa rtial Settlement Ag reement.
Final Settlement Agreement - Page t of 4
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D, Upon the motion of the City, the lawsuit against Dougherty for the acquisition
of the property rights necessary to complete the Project was dismissed by
the couft on February L2,2018,
E. The City made an initial payment to Dougherty in the amount of $15,000.00
on February B, 2018, as required under the Partial Settlement Agreement,
with the understanciing that finai agreement as to cash compensation wouici
be negotiated as part of this Final Settlement Agreement.
F. The Parties have completed negotiations of the outstanding issues in the
Partial Settlement Agreement, and desire to fully settle aii claims peftaining
to the Property as a result of the Project.
Now, theretore, the parcies agree as f.oiiows:
Agreement
1. 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.
1.1 Dougherty will execute the necessary documents to grant to the City
the following propefty and property rights:
i. Ownership of the Acquisition Area consisting of 1,619 square feet of
the Property;
ii. The TCE over a 383 square foot portion of the Propefty;
iii. The Drainage Easement over a 4,051 square foot portion of the
Drnna*rr. lnr{r lvPvlLt, ullv
iv. The Access Easement over a t,299 square foot portion of the Property.
City shall prepare and provide the documents for Dougherty's review and
signature by September 1, 2020. Dougherty will review and execute these
documents within 5 business days of receiving them from the City.
L.2 The City will pay Dougherty the amount of $40,000, less $15,000 that
was paid under the Partial Settlement Agreement.
1.3 The Parties also agree that the existing'access road'shown on Exhibit
C-1 will remain passable after completion of drainage improvements
within the proposed drainage and access easement. Furthermore, the
Final Settlement Agreement - Page 2 of 4
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drainage improvements will be owned and maintained by the City and
will be maintained to protect the Dougherty's existing sewer line which
exists under the access road.
2. Doughefty acknowledges that this Final Settlement Agreement is expressly
conditioned on the City of Kent's City Council's authorization to complete the
transactions described herein. Doughefty waives any claim against the City
of Kent and its elected officials, officers, employees, representatives and
agents for any burden, expense or loss which Seller incurs as a result of the
City Council's failure to grant authorization.
3, This Final Settlement Agreement shall bind and inure to the benefit of the
parties and their respective successors and assigns.
4. This Final Settlement Agreement may only be amended in writing, signed by
all parties,
5. If any term, covenant, condition or provision contained in this Final
Settlement 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 Final Settlement
Agreement.
6. This Final Settlement Agreement may be executed in counterparts and/or
transmitted electronically, and copies so executed or transmitted will be
deemed originals.
7. This Final Settlement Agreement, together with all exhibits constitutes the
entire agreement between the parties with respect to the subject matter of
this agreement. This Final Settlement Agreement is specifically intended by
the parties to supersede all prior agreements whether written or oral.
8. This Final Settlement Agreement shall become effective on the last date
signed below.
(Signatures on following page)
Final Settlement Agreement - Page 3 of 4
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CITY OF KENT
By:
Title:
Date
Date Q-zno7A
1
By
By
Date
Final Settlement Agreement - Page 4 of 4
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TBEXH A
TAX LOT 8802400020
RIGHT OF WAY ACQUISITION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96.13, RECORDED
UNDER RECORDING NO. 9609,1 80827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 56.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON.
CONTAINING 1,619 SQUARE FEET, MORE OR LESS
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EXHIBIT A-1
PARCEL
# 0722059020
S 218TH ST
N LrNE S112 N1/2 SE1/4 SEG. 7
b(e,
I
56.00'
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LOT 2 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # 8802400025
LOT ,1 CITY OF KENT
SHORT PLAT NO. SP.96-13
PARULL # 8BO24OOO2O
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON,
Project# 14-3010
PW2013-030
1,619 SQ, FT
LOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W,M.
r*
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
ROW ACQUISITION
DRAWN BY: TLM
EXHIBIT
A-1SCALE:1"=50'
DATE: 1012412017
4.1.a
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EXHIBIT B
TAX LOT 8802400020
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96.13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 61.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, AND SOUTH OF THE SOUTH LINE OF THE NORTH 56.00 FEET
OF SAID SUBDIVISION.
CONTAINING 383 SQUARE FEET, MORE OR LESS
LA}TO
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4.1.a
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EXHIBIT B-1
PARCEL
# 0722059020
56.00'S 218TH ST
NORTH LINE S1/2 N1/2 SE1/4 SEC. 7
o(Y)
61.00'
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383 SO. FT
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # B8O24OOO25
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL t+88A24A0024--t I
I
NIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO TOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
Project# 14-3010
PW2013-030
r-
LOCATED IN THE NW 1/4 SE 1/4
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.wAaxlrotol
CITY OF KtrNT
LAND SURVEY SECTION
DOUGHERTY
TEMPORARY CONSTRUTION
EASEMENT
DRAWN BY: TLM
EXHIBIT
B-1
SCALE:1"=50'
DATE: 1012412017
4.1.a
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EXHIBIT C
TAX LOT BBO24OOO2O
DRAINAGE EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 960918A827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M,, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01 "A1'22' EAST 213.95 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 01"01'22'EAST 27.35 FEET; THENCE NORTH
66'04'42" EAST 133.22 FEET TO THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG
SAID EASTERLY LINE, SOUTH 25"15'37" EAST 20,00 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 56"10'00" WEST 93.37 FEET; THENCE SOUTH 78'01'46'WEST
54.42 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,051 SQUARE FEET, MORE OR LESS
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4.1.a
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EXHIBIT C-1
ro s 218TH ST
-or0 tfln
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ltJ
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ct)
POINT OF BEGINNING
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oo
cz
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND, NO LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
OF COMMENCEMENT
Project# 14-3010
PW2013-030
4,051 SQ. FT
Line Table
Line #Length Direction
L1 27.35',N 01'01'22. E
t4L1 zv.vv o aEo4 Erozil EI4J tUUt L
L3 54.42's 79"01'46" W
LOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.KENTIatf,rro"ot
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
DRAINAGE EASEMENT
DRAWNBY: TLM
EXHIBIT
c-1SCALE: 1"=60'
DATE: 8l13l2O2O
4.1.a
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EXHIBIT D
TAX LOT 8802400020
ACCESS EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO, SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT ,1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01"01'22" EAST 2413A FEET; THENCE NORTH 66"A4'42"
EAST 44.61TO THE POINT OF BEGINNING; THENCE NORTH 02"AA'24" WEST 80.48 FEET;
THENCE NORTH 12"28'26" WEST 51.56 FEET TO THE SOUTH LINE OF 2187H STREET;
THENCE ALONG SAID SOUTH LINE, NORTH 89"57'07" EAST 1A.24 FEET; THENCE
LEAVING SAID SOUTH LINE, SOUTH 12'28'26" EAST 5A.27 FEET; THENCE SOUTH
0200'24' EAST 77.44 FEET; THENCE SOUTH 66"24'50" WEST 10.75 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1,299 SQUARE FEET, MORE OR LESS,
LN{O
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4.1.a
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EXHIBIT D.1
'f|ot
s 218TH ST
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I
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # 8802400025rr(rl
,299 SQ. FT \
INT OF BEGINNING
N66004'42'E 44.61'
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LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-,I3
PARCEL # 8802400020
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NIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAI\D
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
POINT OF COMMENCEMENT
I
Project# 14-3010
PW2013-030
Line Table
Line #Length Direction
L1 80.48',N 02'00'24" W
L2 51.56'N 12'28'26" W
L3 10.24',N 89'57'07'E
L4 50.27's 12"28'26" E
L5 77.44's 02"00'24- E
L6 10.7s',s 66'24'50'W
LOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W,M,
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
ACCESS EASEMENT
DRAWNBY: TLM
EXHIBIT
D-1
SCALE: 1"=60'
DATE: 8l13l2O2O
4.1.a
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EXHIBIT E
Possession and Use/
Partial Settlement Agreement
S.224th/228th Street phase il project
City of Kent Project Number: 16-3004
Owner: Craig and Ciiristine Dougherty
King County Tax Parcel Number: 880240-0020
Address: 2L1ZA 93'd Avenue S., Kent, Washington 9g031
Agreement Date: Janua ry 26, 2ALg
This Possession and Use/Partial Settlement Agreement ("Agreement") is entered into on the
Agreement Date shown above {oko the "Possession Date") between the City of Kent,
Washington, a Municipal Corporation ("Kent" or "the City") and Craig and Christine Dougherty
(collectively "Dougherty"). The City and Dougherty will be referred to as the "parties.,,
Background
1. Dougherty owns real property (the "Dougherty Property") located at 21920 g3'd Avenue
S., Kent, Washington 98031.
2. To accommodate the city's s.224th/22gth street phase ll project
(the "Project"), the City must acquire from Dougherty the following property and/or
property rights:
a. ownership of 1519 square feet of the Dougherty Property as shown on the
drawing attached as Exhibit B, and
b. a temporary construction easement over a 383-square-foot portion of the
Dougherty Property as shown on the drawing attached as Exhibit 81.
3. The city has obtained an appraisal and appraisal review related to the necessary
acquisition from Dougherty and has made an ongoing offer of compensation in the
amount of Sl-1,1.00.00. Dougherty has countered the City's offer, requesting as follows:
a. Payment of 535,000.00;
b. lnstallation of a tightline drainage system along 93'd Avenue S, and S, 21gth Street;c. Protection of the existing Dougherty (and two neighbors') connection to a Metro
sewer line; and
Kent-Dougherty Partial settlement and possession Agreement - L
4.1.a
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d. Relocation of an existing driveway off 93'd Avenue S. near the corner of S. 2L8th
Street, with the driveway to be relocated approximately "one driveway width" to
the south and connecting to the City's right of way.
4. The Case Schedule issued by King County Superior Court (Exhibit C, attached) mandates
that a Public Use and Necessity Hearing be scheduled byJanuary29,20L8. That hearing
has not taken place because the Farties ere attempting to ncgotiatc a i'esoluticn. The
Parties wish to avoid expenses related to court litigation and to dismiss the lawsuit in its
entirety and only refile if the Parties are unable to reach a final settlement. At the same
time, the Parties agree that construction of the Project should move forward as soon as
possible, but the City needs more time to study and evaluate DoLrgher.ty's counteroffer,
and the Parties do not want to violate the Superior Court Case Schedule.
5' While moving ahead with construction, the Parties must also preserve and protect all
thpir resnprtirra loorl riohtc rnd rleimc' 'o"'"
NOW, THEREFORE, the parties agree as follows:
Partial Settlement and Possession Agreement
6. Upon receipt of a copy of this agreement, signed by Dougherty and delivered to the City
(electronically or otherwise) no later than noon on January 26,2AI8, the City shall file a
dismissal of the pending lawsuit. Email addresses used for electronic delivery shall be
cbieren@kentwa.eov and crol-cik-wilc.ox@kentwa.eov. Thesc arc the email addresses
for City Engineer Chad Bieren and Legal Assistant Cheryl Rolcik-Wilcox. The mailing
address is City of Kent Law Department, 220 Fourth Avenue South, Kent, WA 98032.
7. Dougherty agrees that as of January 26, 2OI8 {the "Possession Date"), the City shall
have possession of the Acquisition Area and the TCE area (collectively the "possession
Area") to proceed with construction of its Project. The Acquisition Area and TCE area
are shown on Exhibits B and 81,, respectively, and are legally described in Exhibits A and
A1.
8. The City must investigate and evaluate engineering and cost aspects of parts of
Dougherty's counteroffer set forth in paragraph 3 above. To assist the City, Dougherty
shall, at a mutually convenient time but no later than February L6,2A78, meet onsite
with City personnel to walk the property so the City can gather relevant information
about the sewer protection, driveway relocation and tightline drainage requests.
Meanwhile, the City agrees as follows with respect to portions of Dougherty's
counteroffer.
Kent-Dougherty Partial Settlement and Possession Agreement - 2
4.1.a
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Request for poyment of fi5,a00.0a. The city must evaluate Dougherty,s
compensation demand in conjunction with estimating costs of the "tightline
drainage system" and any alternative, the costs of which are anticipated to be
substantial. Final agreement as to cash compensation must therefore await a final
settlement, but meanwhile, no later than 1"5 days after the date of this agreement,
the city shall make an initial payment to Dougherty in the amount of S15,000.00, by
check made payable to Craig and Christine Dougherty and mailed to Dougherty at
2Ig2O 93'd Avenue S., Kent, Washington 9g031.
Request for installation of o tightline drainage system. Within three weeks after the
site meeting referenced in main paragraph 8 above, the City shall complete a written
estimate for the tightline drainage system requested by Dougherty. The City will
share this estimate with Dougherty. The City may also elect to explore alternatives
to the proposed tightline system, and if it does so, the City will share with Dougherty
alternative ideas at the same time it shares its cost estimate. Within one week after
this information sharing, Dougherty shail provide any feedback he may have
concerning the City's cost estimates and/or proposed alternatives (if any). Within
one week after receiving that feedback, the City will complete its financial analysis
and respond to Dougherty's request for the drainage system, and will also either
accept, reject, or counter Dougherty's request for payment set forth in
subparagra ph "a" above;
c. Request for protection of existing Daugherty (and two neighbors') connection to
Metro sewer line. fhe City will protect the Dougherty sewer connection referenced
in paragraph 3c above, assuming the City is able to walk the property with Mr.
Dougherty as contemplated in main paragraph g above,
Request for relocation of existing driveway. The City will move the driveway
referenced in paragraph 3d above, subject to the following: Within ten days after
the meeting referenced in main paragraph g above, the city shall present a
proposed driveway relocation drawing for Dougherty's approval, which approval
shall not be unreasonably denied. Within one week thereafter, Dougherty shall
either approve the City's proposed driveway relocation plan or propose changes; if
Dougherty offers no proposed changes within that time, then the Driveway plan
shall be deemed approved.
ln the event the Parties are unable to reach a final settlement by negotiation within 60
days after completion of the steps set forth above, then the City may refile its eminent
domain lawsuit to seek resolution through the judicial process.
a
b
d
9.
Kent-Dougherty Partial settlement and possession Agreement - 3
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10. To facilitate the payment to Dougherty referenced in paragraph 8a above, Dougherty
shall deliver to the City as soon as possible, but in no event later than January 3L,2A1,8,
a completed "Vendor lnformation Set-Up Form," a copy of which is attached as Exhibit
D.
11. This Agreement daes not chonge the legal ownership of the Acquisition Area.
Ownership of the Acsuisition Area will nol (:lrange Lrrrtilfinal compensatlon ls negotiated
or resolved through mediation, the judicial process, or otherwise.
L2. Reservation of all legol rights and remedies. By accepting payment of Si.5,000.00
pursuant to paragraph 8a of this Agreement, Dougherty does NOT express agreement in
any way whatsoever to the sufficiency of that payment as just compensation.
D<lugherty reserves all legal rights and remedies he may have concerning the City's
acquisition, concerning any drainage or water-runoff-related claims he may have, or
concerning anv other legal matter. This Agreement onlr/ (1) grants possession to a!!o';..,
the City to proceed with its Project and (2) resolves certain requests as set forth above,
13. Dougherty agrees that if agreement as to final compensation is not ultimately reached
through negotiation, then if the City must refile a condemnation petition in Superior
Court, Dougherty will stipulate as to the threshold issue of public use and necessity by
signing a "Stipulated Order of Public Use and Necessity" to be drafted by the City at the
City's expense.
14. The Parties agree that Dougherty's execution of this Agreement will be recognized as,
and will be accorded the same legal effect (prrrsuant to RCW 8.04.090) as, a judicial
Order Granting lmmediate Possession and Use, including affording to Dougherty the
potential right to recover attorney fees from the City, which right arises by statute when
(a) an owner has granted possession and use as Dougherty does here, (b) compensation
is ultimately determined bythe court or by jury, and (c) compensation awarded through
the court process exceeds by I0% or more than a written "30-day offer" (if any) made
by iire corrdernning agency 30 ciays before triai.
15. The Parties hereby agree to execute any other documents that may be necessary to give
effect to this Agreement.
lN WITNESS WHEREOF, this Possession and Use Agreement has been entered into
effective January 26, 20L8,
/t
//
Kent-Dougherty Partial Settlement and Possession Agreement - 4
4.1.a
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Craig W. Dougherty and Christine L. Dougherty
Craig W. Dougherty
f'
Christine L. Dougherty
City of Kent
Bv E;^
Chad Bieren, Public Works Deputy Director/ City Engineer
Approved as to form:
BV 7.t/
Kent Law Department
Exhibit List
Exhibit A
Exhibit B
Exhibit AL
Exhibit B1
Exhibit c
Exhibit D
Legal description of the Acquisition Area
Drawing showing the Acquisition Area
Legal description of the TCE area
Drawing showing the TCE Area
Superior Court Case Schedule
City of Kent Vendor Set-Up Form
Kent-Dougherty Partial Settlement and possession Agreement - 5
4.1.a
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EXHtBtr a
TAX LOT 8802400020
RIGHT OF WAY ACQUIS]TION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96.13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTII OF THE SOUTH LINE OF THE
NORTH 56,00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY. WASHINGTON.
CONTAINING 1,619 SQUARE FEET, MORE OR LESS.
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4.1.a
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EXHtBtrLl
TAX LOT 8802400020
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96-13, RECORDED
UNOER RECORDING NO, 9609180827, LYING NORTH OF THE SOUTH LINE OF THENORTH 6.I.OO FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEASTQUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.[iI,, IN KINGCOUNTY, WASHINGTON, AND SOUTH OF THE SOUTH LINE OF THE NORTH 56.00 FEETOF SAID SUBDIVISION
CONTAINING 383 SQUARE FEET, MORE OR LESS.
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4.1.a
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EXHIBIT B
1,619 SQ. FT
PARCEL
# n-7aa1Ef]...^r vr z<vugvav
NORTH sEc. 7
I(n
56.00'
@
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LOT 2 CITY OF KENT
SHORT PLAT NO. SP.S6-13
PARCEL # 8802400025
IMPORTANT:
THIS IS NOT A SURVEY, IT IS
FURNISHEO AS A CONVENIENCE
TO LOCAIE THE LAND
INDICATED HEREON WITH
RFFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
u(v)
o)
.l
LOT 1 CITY OF KENT
SHORT PLAT NO SP-96.13
PARCEL # B8O24OOO2O
Proiect # 14-3010
PW2013-030
DOUGHERW
ROW ACOUtStTtON
DRAWT{ BY: TLM
SCALE:1"=s0'
LOCATEO IN THE NW 114 SE 114 OF
SEC 7 OWNSHIP 22 N,
RANGE 5 E. W.M.
CITY OF KENT
I,AND SURVEY -SBCTION DATE: 1A12412A17
EXHIBlT3
4.1.a
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EXHIBIT BI
PARCEL
# a722059A20
56.00'lr"1._* t
ruonrx r-rrtE sllz Nilz sfi
s 218TH ST
/4 SEC.7
0(v)
61.00'
a
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383 S0. FT
LOT 2 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # 8802400025
LOT 1 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # B8O24OOO2O
{
ry
IMPORTANT:
THIS IS NOT A SURVEY. II IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICAIED IIEREON WITH
REFERENCE TO STREET5 AND
OIHER LAND. NO LIAEILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON,Prolect # 14-3010
PW2013-030
l-Ir-
DOUGHERTY
TEMPORARY CONSTRUTION
EASEMENT
BY: TLM
SCALET 1":50'
LOCATEO IN THE NW 114 SE 1/4
SEC 7, TOWNSHIF 22 N,
RANGE 5 E, W.M.
CITY OF KENT
SURVtrY 1012412017
EXHIBIT
J'I
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EXHIBIT C
IN THE SUPERIOR COTIRT OFTIIE STATE OI.- WASHINGTON
IN AND FOR THt., COUNTY OF'KING
Ciry ofKent No. 17-2-32652-6 KNT
ORDUR SI'I"TING CONDOMNAI"IONILMiNINT DOMAIN
CASF] SC]I{EDIII,F)
Pctitioner(-s ),
vs
Craig & Christine Dougherty, et al.
Respondr:nt(s )
ASSICNE|) JLJIXiF: Bender, Johanna. Dcpr. 28
Irll.ED D,\ rn: 17ll8l7tJ17
I'RIAL DA'l'l:: 8/nnA18
SC0MIS ClODl:: *ORSCS
A Pctition lbr (lonttcmnatirtn and Lmincnt Domain has been flled in the King (irunty Supcrior Cburt ancl will bc
rnnaged by thc Casc Schedule on l)age J as orcierccl b.v the King County Superior Courl l)resitling judge.
I. NOTICFS
NOTICIi 'fO PETITIoNER: -l'hc l)etitioncr nuy sewc a cop,v of'this Order Sefting Case Schcdule (Schcdule) sn
thc ftesponr.lcnt(s)along r.vith the Sumrnons and Petition. Otherrvisc, thc Pctitioner shall servc LheSehedttleonlhe
Rcspondent(s)within l0 dtys alicr the latcr ol (l) Lhc filing olthc Suninmns and l)ctition or(2) 5^srvigc of 1fic
Respondcnt'siirstresponsctolhcPetition, whctherthatrcsponseisaNotice of Appearance, irresponsc,oraCivill{ule 12 ((lR l2) rnotiorl.'l'hc Schcdule nray bc scrved by rcgular mail, with ploot'ol'nr;riling to bc iilcd promptly in thclbrnr required hr.v Oivil ltule .5 (CR 5).
N(,ttcU 'lO At,l, PART'IIS: All attomeys and parties should make themsclves familiar wirh ihe King County l.ocal
Rules [KCLCRI, espccially lhoseref'crrcd t<-r in this Schedule. In ordcrto comply with the Schedule, it '"vilt be
neccs sary ltrr at'torncy s and partics to p urs ue their oase fi vigoraus ly firrm thc day thc casc is lllecJ. iror cramp le.
di'tcovery musl ht': rrnrieflak*n pmmptly in onlcrto comply rvith thoclcndlincs fbr joining additional parlics, r;laiur:, arrd
defbnses [See KCTCR l6.l], lordisclosing possiblewitnesses iSee KCLCR 26). andloi meeting thcdiscovery cutotT
date [See KCLCR 37(9)1.
"l undersland lhat I am required to give a copy af lhese documents to sll parties in this case.,,
Print Name Sign Name
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t NOTICES (continued)
PFI{DING DUE DATES CANCU.ED BY FILING PAPERS THAT RISOLVE THtr CASB
When a final decrce, judgment, or order oldismissal ol all narties antl {rlain:dr is flled with the Superior C-ourt Clerk,soflicc, and a courtesy copy delivocd to thc assigned judge, all p.n-ing du. dates in this Schetltieare automatically
canceled, including the schcduled'l-rial Date. It is thcresponsibility oithepa*ies to l) file such dispositivedocumentswithin45daysofthcresolutionofthecasc,and2)slrikeanypendingrnotions bynotifyingthebailill'krtheassigned
judge.
Parties may also authorizc the Superior Court ttt strike all pending due datcs and the'l'rial Date by filing a Notice ofSelllement pursuant to KCL.CR 41, and lorwarding a courtcsy copy to the assignedjudgc. ll a final clccree,;u4gment ororderof dismissal ol'all p*rlies ancl clajlns is not filed by 45 dayiafter a Nuticeaf seulemenr,thecascmay bodismisscd
with notice.
If you miss your schcduled Trial Date, Lhesupcrior Court Clerk is authorized by KCLCR 4l(bX2XA) to pflrsentanorder oJ'Dismlssal, without noticc, lor failure to appcar at the schedulecl'l-rial Date.
NOTICES OF APPTARANCB OR WI'I'HDRAWAI, AND ADDRESS CHANGES:
All parlies ta this action must keep the courl informetl a/ rheiraddresse.s. When a Notice of'Appear.ance/Wilhdrawal orNoticc of Change olAddress is filetj with the Superior (lourt (llcrk's Olfice , partics must provide the assignedjuclgcwith a cclurlesy copy.
NOTICE OI,' NON-COMPLIANCE FEES:
All parties will be assessed a fee aulhorizcd by King County Code 4A.630.020 whencver the Superior Court Clerk must
send notice olnon-compliance of schedulerequirements and/orLncal Rule 41.
King County Local Rules are arailable for viewing at rn{ry.klnsc-guntv.gov/cpurtslclerk.
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II. CASE SCHEDLTLE
Ihe lhat must be iikd rvitb thg Supcrior Court by sho\tl.
III. ORDER
Piiisiiiiii'riu iicvisctiCocie uiWasiriugion(R.C.W.; 8.08.04i), E.i2.(i{)0 anci King C.ounrv irrclti iiuie 4 [KL.i .C:R 41, ii
lS ORI)Lit{llD lhat the parlies shall comply with the schedulc listcd abovc. [)enalt ics. including but nol limitccl trr
sanctions sct lorlh in l.ocal Rulc 4(g) and Rulc 37 of thc Superior (irurt Civit Rulcs, rrury be irrp<lsetl for tailurc kt
r"rtrr4tl,v. It ir lrt IR'l'{-lF,R f )Rl)l'lRt':f) that thc pafty tlling [his action rnust ser.rc this (]rtlur ,\'ettrng
Condemnulittn/l'.nine nl !)omain Cetse Schedule antl attachmcnt on all othcrparlies.
::i-. ,lI Zz.c+t .. , ,::i4*-
DArnD: 12118i2017
PRT|SIDING JLIDCE
CASB E!'ENTS DATE
Petition tbr Condemnation Filed and Schedule Issued tut&t2$t7
DEADL{NE lbr |iling of'Noticc For Public Use andNecess ity llcaring Caiendar t/29/201.8
DEADI,INE r Irial Date ues t.zna20t8
f),ltt I)emand K('L l.DFADLINE ftrr Discov Cuto KCI,C1137
7/1u2018
6/25t2018
DEADLINE fbr dL Resolutinn lK('l.CR I 7il6/2018
DBADLINE to l:xchange Witness& lr\hibit t,isrs & Docurncnrary Exhitjii-K{'t."('R 4(i)7/23/20t8
DEAIILINE toljile Joint (bntirnration ot'Trial Readiness lKCt-CR l6 712312{lt8
Joint Statemcnl o encc KCI,CR 4 I.816120lt1'l rial l)ale L 4 8/t3/2Qt8
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IV. ORDER ON CIVIL PROCTiFDTNCS FOR .,\SSIGNVIEI{I' TO .ITJDGE
RI,.AD T'HIS ORDI.R tsEFORE CON'|ACTING YOTJR ASSIGNED JI;DCE.'l'his case is assigned l.o the Superior Courl Judge whose name appears in the caprion o{'this oase sche6ulc. 'l'hc
assigncd Superkrr C'ourt Judgc rvill plcside ovel and n.unage this case iirr all prctrial malt.crs.
COMPLD( I'TTICATION: Ilyou anlicipatc an unr.tsuallv conplex or lcngthy triai, pleasc notify !he assignecl cclurl
as soon as possibie .
APPLICABL0 RIJLIIS: l;)icept as specilically rn<>clilied bclorv, all the provisionsr>f'King (lounry lncal Civil Rulcs 4lhrotrgh26 shall apply to the piocessingolc:ivil cases bcfbre S,"rperirlr ()oud .Lrclgcs. 'l'hc liical oiuil rules can bc liruntlat rvrvr.v.kin gcguntv.goy/surulglelcrk/[r les/Civ il.
cASr.t scHED tjl.E ANt) R|,QUItrENt r,tN.l.s
ttu tc 4.
l)catilincs arc set b_v the casc schcdulc. issued pirrsuant to [,ocal C_-ivil
I'H[ PAR'l'lls ARB RLSPONSIBLE r.'oR KNowrN(; AND corv-rpr.yrN(;IMPOS!D BYTHI] COUR'T''S I,O(]AI, (;IVII, RTJI.LS.
wrril Al.t, D[ t)t,tNl.]s
A. Joint Confirmation regarding Trial Roadiness Regrrt
No latcr tharr trve nty onc (2 l) clays belirrc thc trial clalc, pafties shall conrprlcte and liic (rvith a copy to the assignerJ
ludge) a joint conlirrnation roport scltlng firrtl,' i.vhclhcl a.iury dcnrlntl has hccn filed. rhceqrcctcrd <iuration ,{-thc trial,
r.vhcthera scltlcmcnt conl'crencc has becn hclci. ancl :ipccisl probicms antl ncecis (c.g., itrterprctcrs, c(luiptrcnt)_
I he Joint (-linlinnation l{egarding'l'rial licaclincss fbnn is avaiiable: ar rvww.kinSi.lrunty.gov/Lr:urtslscfbmn. l{'parlies
r'vish to rcqucsla (lR l6 conlbrencc, lhey rnusr contacl rhe assigneri courr. Plaintil{-srpctiiklncris c6unsetis rcsp'nsible:lirr conlacling lhc other partics rcgarcling the rcporr.
B. S cttlement/Vlcdiatio n/A DR
a' ljofty {ivc (4-5) days bclirrc the trial dale, counscl tirl piairrtif f/pt'ritirrntr shail srrbmir a rvrittcn scllemsntclemand. I'en {lf}) days aflcl'rece iving plaintill'slpetitioner's ,uiitt"u demancl, oourrsel lbl cie icnclanri.csnontlcnt shall
lespond (with a coulltcr o{lbr, il appr.oprial.c).
b'Trventyeighl(28) cla.vsbclorcthctrial datc,aScttlcrncntl\{crliatirinlADl{ cunfbrcnccshall havchccn
held. FAIL{JI{lt 'l'O CIOMPI.Y WI'lll'l'f ttS Sl.:l'l'l.F:!11]N"t (l()Nu:RENC]i Rtje{ jtRIiN,tF.Nl tvtAy ttF^S{J1.t' thNSANC:I'IONS.
C. Trial
'l'riai is scheduicd {ilr 9:00 d.m. on the dalccln tlte case schei.lulcolils soon rhcr.ealtcr4s convcnccl lry lhc court. ]'he
Irriclay bcbie lrial, thc partics shoultj access thc oourt's civil standby calcnclar.on thc King County Supcrior C\rurt
rvebsitcwww.kingcounly.govlcourtslsuperiorcourt ioconflrm thetriai juclgcassignnrcnt.
MOT'IONS PROCFI)TIRF]S
A. Noting of Motions
Dispsitile Motions: All summary .iuclgment or- other dispositive nxrtions rvill [rc hcarij *rith oral argunrcnt bctirrc the
assigned.iudge' I'hc nrilving p(trty musL rtrrrlnge with tlre hcari;rg judge a cJateand tirnc lor thcheari'g, consistentwiththecottrtl1rlcs. [-ocal Civil Ruie Tand[.ocal Civil l{ule s6 govempit,ceclureslor.sunnrary judgnrent orot6cr.nxrtionslhatdisposeolthe case in whole <lr in parl. The local civil ruics can be lirund ar
wrvrv.kin gco u nly. go vlcou rtslclurUru leslCiv il.
Non-dispositiw Motions: I'hese rctions, which inclucle cliseovery nrrtkrns, rvill be nrleci on by the assigned judge
withoutoral atgument,unlessotherviseoldered. Ail suchmotionsmustbenotedloradare bywhichtheruling ii
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requested;thistlatemusllikerviseconfbrmtotheappiicablcnoticeieqriireinents. Rathelrhannotingatimeofday,the
Notelor-Vlolionshouldstale "WithoutOral Argumcnt." Locai Civii ttule Tgoverns'rhesenntions,which includc
disctlvery motions. Thc losal civil rules can bc fbund at rvrvw.kingcourrll.g,ovlg*!rts/clerky'nrles/(livi[.
IVlotion.s in Family Law Cases not inl'olving children: l)iscover] motbns to compci, motions in limine. molit-:ns
rclating Lo trial dalcs and motk>ns to vacatejudgmentsldismissals shali bc broughtbclbrc thcassigncdjudgc. All other
motions should be notcd and hcard on lhe lramily Lar.v Vlotions calend:lr'. l-ocal Civil Ruic 7 and King County Family
l,aw l,<lcal fiulcs grtvcm lhesrlpror:edrrres The lor:31 n1{r5 r..an i.'r-'firr.rnd at ujlvrr'.kinucttuntJ,gov&ourirloltrrli/rulsli.
l'incrgency Motions: IJnder Lhe couft's ltrcal t:ivil rules. emcrgenov r.rxrticrns rvill usuall-v 'nc allowecl only upon cnlry
ot'an Ordcl Shortcning lime. llorvcver, somc emergerlcy motions nury bc broLrghtin 1hel-ix Partcand Probatc
Dr:parlmcnl as expressly authorizcd by bcal rule. ln addition, discoven- elisputes ni:ry bcacltlressctl by telcphonecall
and without wrilten nrotkrrr, i{'the,iudge appr()ves in adt'uncc.
D /}-:^:.,^t t\^^.,.-^-1,,/rr/-.-r,:--- /\^-r.-^t r':rl-- -!u. 1,r rtsrrrdr uui utrrsrrit/ rr rrl ^rlrH, t Ultrr/ rlltllB (rl IrutUtnelltS: rlll Ol'lfllllill (X)CllmCnIS mll\I tn llle{t l/llIn nlc
Clcrk's ()ffice. I)lcesc soc infirrrwttion olI lhc Clerk's Ollicc rvctrsi'rc el wrwv.kingcgtlntl.govlcourts/e lcrk regarcling
thc rccluircnrcnt or"rl.linccl in l.(ilt l0 that atiolneys musI c-lile clocumerrts in King (irunty Supcriur Coilrt. lhc
exceptitrn.s to thc e-liling requiremLrnl are also availablc on thcClerk's Ofllce u,cbsiic. -i'he krcal rules cnn be {iruncl at
w\yrv.kingoou n t.y.gu v/eo u 11$lclcrk/(l lc$.
'l'hcwoi'kingcopiesol'all docrtmcnlsinsupporloropposilionnrustbcrrrarkcil oni.heuppclrightcomcrol'thcfir.stpagc
rvith thcdate of con.siclcratitrnurhcaling andthcnanre ol'lhe assigned.iudge. .l hcassigneti.iudgc'sr.vor.king co;'rics
muslbcdclivercdtohis/hercoudr'oonr{)rthc.lldr)r::i'rlriilroonr W,rrkingi.rlpi*sr.r{'nrr.rikrnstobehcitrtJonthcFamill,
l,aw lVlotions (lalcndal shoLrltl be liled r,vith thc Fanrily l,arv Vtotions Cirordinalor. Working copies can hc sLrbnri[cd
thnrLrgh thc (llelk's o{}icc tr-ljiling applicalion irt rvwlv.kinecountv.eav/courtslclerk/ducunrnts/cl#C.
Scrvicc of tlocuntents: Pursuant l.o [,ocatl (enerul l{ulc 30(bX4XB), c-filed rjocurncrris shail be elccironicaily scrvccl
throtrgh thc e-Scrvicc I'caturc within thc Clerk's cIiling application. [)re-registr:rlirrn io acccpt c-scrvice is rcquired. li
Serviccgcncratcsarecot'dol'serviccdocurnentthatcanbee-lilcd. l]leascsccthcClicrk'soillecr.vcbsitcat
lr.lr'w.king!:gunty.govl$rlu1s/cl*rlddocurrrcnts/sliling rcgarcling l,.Ser-uicrc.
Original ProJnsed Order: l':rch of'the partics nnrst includcan or'iginal prol:osedr,ri"iiclgrantinr requeslcdreiiel'with
thc rvtrt'king copy nratcrials subrnitted on anv nmtion. f)o not file the original of th(r proposed order with thc Clerk
of thc (lourt. Should iin)' purt!'dc:;it'e a copy ol- lhc orcicl a:; signcd an<j trlccl by the.jutigc. * olc-addrcsscri,statupccl
envcl0pcshali accorn;tany thcproposetlordcr. 'lhccout'l nray distribLitcorcicrs clcglnrnically. Reviclv lhcr-iudgc's
rvcbsitc lilr inlirnnation: rvrvrr.kingcuunt]..gov/ctr.urlslsuperiortltrurt/juclges.
Presentation of Ortlers tbr Signafure: All orclcrs must be prescntcti to thc assiqncd iudge or lo thc Lx I)artc anil
Probate Dcpartment, inaccordancer.vith lncal (livil I{Lrlcs40 anti4(). 1. SLichordcis,if'prcsenLeel tolhel;x Partcaltl
l)urbatc I)cpanmcnt. shirll be subrnittcd thlough the I:-[:ilirrgrt;x Pirrle via the L]lelk appiication b.y the altcrnrcy-(s)ql
recttrtl. L-liling is notretluirctl lbrsell:rcprcsentcd;rirrlics (non-atLorncls). Ii'tliL:assignctl judgcis abscnl,contacLthc
thc ass igncd.iudge with a copy.
[rroJxrsed orders finalizing settlemenl andlor dismissal by agreemcnt ofall gartics shall be presented tothc F,x
Pltrtcand Probate Department. Suchordersshall bcsubmtttcdthroughthcU-l.ilinglF)x I)arrcviatheCllerk
applicalion by the att.orney(s)of I'ccortl. Fl-filing is not requircti {br sclf:represcnfcd parlics (non-attorneys). I"orntrl
proof in Iamily f-,ar.v cases must bc schedulcd bclorc the assignctl,iutlgc by cttntaciitrg the hailill. or lirrmal pr()ol may
bc entc|cd in llre [x Pa(e l)cparlment. lf final order irntllor formal proof arc entered in the Fi. Parte and Probate
l)epartment, counsel is responsiblc for providing the assigncdjutfic with a copy.
(1, l,'ornr
Pttrsuantto [.tlcal Cii il Rule 7(bX,5XB), the inilial nntion and opposing mctltoranrJum shai] not ercecd 4.200 rvqrds
and reply nrcmoranda shall not ex-eed I,750 ivords without authori;ation of the cciuil. Thc rvorcl count includcs all
porlions ollhe document. including headings and fuotnolcs,excepl l) the capibn;2) table oi-contcnts andlot.
authorities, if any; and 3): the signature block. Ovcr-length mcnoranda/briet.s and nxlLions suppor.led by- such
memoranda/briefs nray be stricken.
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IT IS SO ORDERED, FAILTJRE TO COMPLY WITH THE PROVISTONS OF THIS ARDER MAY R.ESULT TNDTSMISSAL OR OTHER SANCTIONS. PLAINTTFF/PEITITONER SHALL FORWARD I COPY OF THIS
ORT'ER AS SOON AS PRACTTCABLE TO ANY PARTY WHO HAS NOT RECEIVED TKTS ORDER,
(7]L. *, - (;:rA__*"
PRESIDING JUDGE
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RIGHT OF ENTRY AGREEMENT
THIS Agreement, effective August _, 2O2O, is between Craig W. Dougherty and
Christine L. Dougherty ("Owner"), and the City of Kent, a municipal corporation (the
"City").
Owner owns a fee simple and/or has a substantial beneficial interest in the following
described real property: 2L92O 93'd Avenue S., WA 98032, Tax Lot: 880240-0020
("Property");
City desires temporary access to the Property for purposes of construction of an
access road, drainage improvements and creek enhancements ("Activity");
NOW, THEREFORE:
AGREEMENT
1. In consideration of City's performance of the agreements expressed in this
instrument, Owner hereby conveys and warrants a temporary Right of Entry on the
Property to City, its agents and employees, subject to and conditioned upon the terms,
conditions and covenants in this Agreement, which the City hereby promises to faithfully
and fully observe and perform.
2. This Right of Entry shall commence on the date of first entry by the City on
the Property ("Commencement Date") and shall terminate October 3L,2O2O.
3. In the event that any improvements or land contours on the Property are
altered, removed, or damaged by the City, its agents, or employees, during the Activity,
the City shall repair and restore such improvements or contours to the same condition as
it was immediately prior to the Activity or as agreed with Owner.
4. City shall indemnify and hold Owners harmless from and against any and all
loss and damages caused by the Activity under this instrument or any wrongful or negligent
act or omission of its agents or employees in the course of their employment with the City.
5. City shall exercise its rights under this Agreement so as to minimize, and
avoid if reasonably possible, interference with Owner's use of the Property. City shall at all
times conduct its activities on Owner's property so as not to interfere with, obstruct or
endanger Owner's activities and improvements.
OWNER CITY OF KENT:
By By:
Name:Name:
Title:
By
',
Name:
4.1.a
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Drainage Easement Page 1
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
DRAINAGE EASEMENT
THIS INSTRUMENT made this _____ day of __________________, 2020, by
and between CRAIG W. DOUGHERTY and CHRISTINE L. DOUGHERTY, husband and
wife (collectively "Grantor"), and CITY OF KENT, a Washington municipal
corporation of King County, ("Grantee" or “City”):
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, a perpetual, nonexclusive drainage
easement under, over, through and across the property situated in King County,
Washington, specifically described in Exhibit “A” and graphically depicted in
Exhibit “B”, both of which are attached and incorporated herein (the “Easement
Area”). The Grantor agrees that this easement touches and concerns the land
described in Exhibit A, and that this easement shall run with the land.
City shall have the right, without prior institution of any suit or proceeding at
law, at such times as may be necessary, to enter the Easement Area and access
immediate adjacent areas with the necessary equipment and personnel for the
4.1.b
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Drainage Easement Page 2
purpose of inspecting, maintaining, improving, repairing, constructing, and
reconstructing the storm drainage to control surface water, erosion, maintenance of
slope stability, and protection of water quality.
When exercising its rights under this easement, City will avoid damaging any
private improvements existing within or adjacent to the Easement Area and City will
restore private improvements damaged by City’s actions to as good condition as
they were immediately before the Easement Area was entered upon by the City.
The Grantor agrees not to interfere with City’s rights under this easement.
Interference includes, but is not limited to any obstructions that would impede the
City’s ingress and egress or access to the Easement Area or physically modifying
the Easement Area.
This easement shall be a covenant running with the land forever and shall be
binding on the Grantor’s successors, heirs, and assigns.
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
(Notary Acknowledgement on Next Page)
4.1.b
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Drainage Easement Page 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. Dougherty
and Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be
their free and voluntary act 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
4.1.b
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EXHIBIT
TAX LOT BBO24OOO2O
DRAINAGE EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01"01'22" EAST 213.95 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 01"01'22" EAST 27.35 FEET; THENCE NORTH
66'04,42" EAST 133.22 FEET TO THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG
SAID EASTERLY LINE, SOUTH 25'15'37" EAST 20.00 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 56"10'00'WEST 93.37 FEET; THENCE SOUTH 78"01'46" WEST
54.42 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,051 SQUARE FEET, MORE OR LESS
i|dile
?' -13 2up
4.1.b
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EXHIBITSCALE:
DATE:8/13/2020
1"=60'
DOUGHERTY
DRAINAGE EASEMENTLOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.DRAWN BY:TLM
CITY OF KENT
LAND SURVEY SECTION
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
L O T 1 CIT Y O F K E N T
S H O R T P L A T N O. S P-96-13
P A R C E L # 8802400020
4,051 SQ. FT
S 218TH ST
93
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S
L O T 2 CIT Y O F K E N T
S H O R T P L A T N O. S P-96-13
P A R C E L # 8802400025
Project # 14-3010
PW2013-030
56'
40.5'
N0
1
°
0
1
'
2
2
"
E
2
1
3
.
9
5
'
N 6 6 °0 4 '4 2 "E 1 3 3 .2 2 '
Line Table
Line #
L1
L2
Length
27.35'
20.00'
Direction
N 01°01'22" E
S 25°15'37" E
L3 54.42' S 78°01'46" W
L1
L
2
S 5 6 °1 0 '0 0 "W 9 3 .3 7 '
L3
POINT OF COMMENCEMENT
POINT OF BEGINNING
4.1.b
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Access Easement Page 1
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
ACCESS EASEMENT
THIS INSTRUMENT made this _____ day of __________________, 2020, by
and between CRAIG W. DOUGHERTY and CHRISTINE L. DOUGHERTY, husband and
wife (collectively "Grantor"), and CITY OF KENT, a Washington municipal
corporation of King County, ("Grantee" or “City”):
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, a perpetual, nonexclusive easement for
ingress and egress for the purpose of transporting City personnel and their
equipment under, over, through and across the property situated in King County,
Washington, specifically described in Exhibit “A” and graphically depicted in
Exhibit “B”, both of which are attached and incorporated herein (the “Easement
Area”). The Grantor agrees that this easement touches and concerns the land
described in Exhibit A, and that this easement shall run with the land.
City shall have the right, without prior institution of any suit or proceeding at
law, at such times as may be necessary, to enter the Easement Area and access
immediate adjacent areas to transport necessary equipment and personnel. The
4.1.c
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Access Easement Page 2
Grantor agrees not to interfere with City’s rights under this easement. Interference
includes, but is not limited to any obstructions that would impede the City’s ingress
and egress or access to the Easement Area or physically modifying the Easement
Area.
When exercising its rights under this easement, City will avoid damaging any
private improvements existing within or adjacent to the Easement Area and City will
restore private improvements damaged by City’s actions to as good condition as
they were immediately before the Easement Area was entered upon by the City.
This easement shall be a covenant running with the land forever and shall be
binding on the Grantor’s successors, heirs, and assigns.
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
(Notary Acknowledgement on Next Page)
4.1.c
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Access Easement Page 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. Dougherty
and Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be
their free and voluntary act 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
4.1.c
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EXHIBIT -
TAX LOT BBO24OOO2O
ACCESS EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01"01'22" EAST 241.30 FEET; THENCE NORTH 66'04'42'
EAST 44.61TO THE POINT OF BEGINNING; THENCE NORTH 02"00'24" WEST 80.48 FEET;
THENCE NORTH 12'28'26'WEST 51.56 FEET TO THE SOUTH LINE OF 2181H STREET;
THENCE ALONG SAID SOUTH LINE, NORTH 89"57'07" EAST 10.24 FEET; THENCE
LEAVING SAID SOUTH LINE, SOUTH 12'28'26" EAST 50.27 FEET; THENCE SOUTH
02'0Q'24" EAST 77.44 FEET; THENCE SOUTH 66"24'5Q" WEST 10.75 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1,299 SQUARE FEET, MORE OR LESS
8-t! 2oa.,
4.1.c
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EXHIBITSCALE:
DATE:8/13/2020
1"=60'
DOUGHERTY
ACCESS EASEMENTLOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.DRAWN BY:TLM
CITY OF KENT
LAND SURVEY SECTION
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # 8802400020
1,299 SQ. FT
S 218TH ST
93
R
D
A
V
E
S
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # 8802400025
Project # 14-3010
PW2013-030
56'
40.5'
N0
1
°
0
1
'
2
2
"
E
2
4
1
.
3
0
'
N66°04'42"E 44.61'
Line Table
Line #
L1
L2
Length
80.48'
51.56'
Direction
N 02°00'24" W
N 12°28'26" W
L3 10.24' N 89°57'07" E
L4 50.27'S 12°28'26" E
L
1
L
2
L3
L
4
L5
L 6
L5 77.44' S 02°00'24" E
L6 10.75'S 66°24'50" W
POINT OF COMMENCEMENT
POINT OF BEGINNING
4.1.c
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WHEN RECORDED RETURN TO:
City of Kent
220 4th Avenue South
Kent, WA 98032
Attn: City Clerk
Temporary Construction Easement
Page 1 of 3
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
TEMPORARY CONSTRUCTION EASEMENT
EASEMENT granted this ____ day of 2020, by Craig W. Dougherty
and Christine L. Dougherty, husband and wife ("Grantor"), to CITY OF KENT, a
Washington municipal corporation ("Grantee" or “City”).
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, in lieu of condemnation, a temporary
easement, including reasonable rights of ingress and egress, through and across
a portion of tax parcel 880240-0020, also known as 21920 93rd Avenue S., Kent
WA situated in King County Washington, specifically described in Exhibit A and
graphically depicted in Exhibit B, (the “Easement Area”), to be used only during
construction of improvements in conjunction with the 224th/228th Street East Leg
Phase II Project (“Project”).
The temporary construction easement and right of entry shall remain in
force during construction of the Project, and until such time as all of the
improvements constructed during, and pursuant to, the Project, and any
appurtenances thereto, have been accepted and approved for maintenance and
operation by the City of Kent. This temporary construction easement shall
terminate automatically upon the acceptance of the Project by the City.
4.1.d
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Temporary Construction Easement
Page 2 of 3
City shall have the right, without prior institution of any suit or proceeding
at law, at such times as may be necessary, to enter upon the Easement Area for
the purpose of construction of improvements pursuant to the Project, provided
that the construction of these improvements shall be accomplished in such a
manner that the existing improvements on the Property shall not be disturbed or
destroyed, or if they are disturbed or destroyed, they will be replaced in as good
a condition as they were immediately before the Property was entered upon by the
City. In addition, City shall use commercially reasonable efforts to avoid interfering
with Grantor’s normal course of business on its adjacent property as City exercises
its rights hereunder.
City shall at all times exercise its rights under this temporary construction
easement in accordance with the requirements of all applicable statutes, orders,
rules and regulations of any public authority having jurisdiction.
Grantor agrees not to interfere with City’s rights under this easement.
Interference includes, but is not limited to creating any obstructions that would
impede the City’s ingress and egress or access to the Easement Area.
The rights granted by Grantor to City under this agreement are for the
limited purpose of allowing City temporary entry on to the Property for construction
of the Project. Nothing herein shall be construed as a permanent conveyance of a
real property interest from Grantor to City.
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
(Notary Acknowledgement on Next Page)
4.1.d
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Temporary Construction Easement
Page 3 of 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. and
Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to
be their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
EXHIBIT A
-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.
(Printed Name)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
4.1.d
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EXHIBIT
TAX LOT 8802400020
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 61.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, AND SOUTH OF THE SOUTH LINE OF THE NORTH 56.00 FEET
OF SAID SUBDIVISION.
CONTAINING 383 SQUARE FEET, MORE OR LESS
i$8n
uit9
lol24 /-Pt?
4.1.d
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PARCEL
# 0722059020
56.00'S 218TH ST
NORTH L|NE S1/2 N1/2 SE1/4 SEC.7 oco
61.00'
atu
ot(qo)
383 SQ. FT
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96.13
PARCEL # 8802400025
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # BBO24OOO2O
INIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
Project # 14-3010
PW2013-030
LOCATED IN THE NW 1/4 SE 1/4
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.GWaaxrratci
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
TEMPORARY CONSTRUTION
EASEMENT
DRAWN BY: TLM EXHIBITSCALE:1"=50'
DATE: 1012412017
4.1.d
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WARRANTY DEED - Page 1 of 2
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827,
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
WARRANTY DEED
THE GRANTOR, Craig W. Dougherty and Christine L. Dougherty,
husband and wife, for and in consideration of Ten Dollars and No/100 ($10.00)
and/or other valuable consideration in hand paid, conveys and warrants to the City
of Kent, a Washington municipal corporation (“Grantee”), under the imminent
threat of Grantee’s exercise of its rights of eminent domain, all its interest, including
any after acquired title, in the real property described and depicted in the attached
and incorporated Exhibits A and B, situated in King County, Washington, and
subject to the conditions listed on Rainier Title Order Number 695390RT, Schedule
B, Part II, paragraphs 12 through 26, as set forth in Exhibit C, attached and
incorporated.
(Signatures on following page)
4.1.e
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WARRANTY DEED - Page 2 of 2
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. Dougherty
and Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be
their free and voluntary act 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
4.1.e
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EXHIBIT -
TAX LOT 8802400020
RIGHT OF WAY ACQUISITION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 56.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON,
CONTAINING 1,619 SQUARE FEET, MORE OR LESS,
/ o/lrl/Jur1une
4.1.e
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PARCEL
# 0722059020
S 218TH ST
NORTH LINE S1/2 N1/2 SE1/4 SEC. 7
I(v)
56.00'
U)
IJJ
otr(Y)o)
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96.13
PARCEL # BBO24OOO25
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # BBO24OOO2O
I
ryIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON,Project # 14-3010
PW2013-030
1,619 SQ. FT
LOCATED IN THE NW 1i4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W,M.G
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
ROW ACQUISITION
DRAWN BY: TLM EXHIBITSCALE:1"=50'
DATE: 1012412017
4.1.e
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EXHIBIT C
Rainier Title Order Number 695390RT
Schedule B, Part II, Paragraphs 12 through 26
4.1.e
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 8, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Clark Springs Habitat Conservation Measure - Property
Purchase - Authorize
MOTION: Authorize the Mayor to sign all documents necessary for the purchase of
property located at 26127 S.E. Kent-Kangley Road, in Ravensdale (APN 252206-
9100), from John and Patricia Phillips, in an amount not to exceed $540,000.00,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY:
The City of Kent has been working with the owner to purchase property located at
26127 S.E. Kent-Kangley Road, in Ravensdale. The City was preparing to contact
the property owner to advise of the need to acquire the property, when the owner
approached the City to advise they were preparing to sell the property and were
inquiring if the City was interested. The City will be acquiring the property, which
has a single-family residence with frontage along Rock Creek and consists of
54,014 square feet, for the fair market value of $540,000, as established by the
City’s review appraiser. The property will be used for the protection and
preservation of the Rock Creek Watershed.
Background:
As part of the City’s Clark Springs Water Supply System Habitat Conservation Plan,
the City has committed substantial resources toward the protection, enhancement,
and restoration of the Rock Creek Watershed, which supplies water to the City’s
Clark Springs water source. The goal of this project is to create, enhance and
conserve valuable fish habitat in Rock Creek, while supplying water to the City.
Acquiring this property will allow the City to establish a conservation easement for
the purpose of improving water quality and protecting salmon populations within
Rock Creek.
BUDGET IMPACT: $540,000 from the Clark Springs Habitat Conservations
Measure budget
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
4.2
Packet Pg. 56
ATTACHMENTS:
1. Phillips Exhibits (PDF)
4.2
Packet Pg. 57
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 1 of 9
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation (“Buyer”), whose mailing address is 220 4th Avenue South,
Kent, Washington 98032-5895, and JOHN L. PHILLIPS and PATRICIA L.
PHILLIPS (“Seller”), whose mailing address is 26127 SE Kent-Kangley Road,
Ravensdale, WA 98051, for the sale and purchase of real property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell, is known as King County Tax Parcel Number 252206-9100, approximately
54,014 square feet in size and located at 26127 SE Kent-Kangley Road, Ravensdale,
WA (the “Property”). The Property is legally described in Exhibit “A” and depicted
in Exhibit “B”.
2. EARNEST MONEY. Within 10 business days of mutual acceptance of
this Agreement, Buyer shall deposit with Old Republic National Title Insurance
Company (the “Escrow Agent”), the sum of Five Thousand Dollars and NO/100ths
($5,000.00) in the form of a check or by wire transfer, as fully refundable earnest
money (“Earnest Money”) to be applied toward the purchase price of the Property
payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is Five
Hundred and Forty Thousand Dollars and NO/100ths ($540,000.00), which amount
includes the Earnest Money, payable at Closing.
4. CONTINGENCIES. This Agreement is contingent upon:
a. The Buyer authorization set forth in Section 18 of this Agreement and
the other contingencies provided for throughout this Agreement.
b. No later than 10 business days after the date of mutual acceptance of
this Agreement, Seller shall deliver to Buyer, in a manner consistent with paragraph
4.2.a
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17, a completed Real Property Transfer Disclosure Statement (“Disclosure
Statement”) in the form attached as Exhibit “C”. If Seller fails to deliver the
Disclosure Statement by the required deadline, then unless Buyer waives this
contingency in writing the Agreement shall terminate and neither Buyer nor Seller
shall have any further rights, duties or obligations hereunder, except that the Earnest
Money in Escrow shall be immediately returned to Buyer.
c. Within 5 business days of Buyer’s receipt of the Disclosure Statement
delivered in a timely manner from Seller, Buyer shall, in its sole and absolute
discretion, either approve and accept the Disclosure Statement or rescind this
Agreement by delivering to Seller a written rescission notice. If Buyer neither accepts
nor delivers a written rescission notice, then Buyer will be deemed to have approved
and accepted the Disclosure Statement. If Buyer delivers a written rescission notice,
then this Agreement shall terminate and neither Buyer nor Seller shall have any
further rights, duties or obligations hereunder, except that the Earnest Money in
Escrow shall be immediately returned to Buyer.
d. A feasibility study as follows:
i. Buyer shall have 60 days from the date of mutual acceptance of
this Agreement to determine, in Buyer’s sole and absolute discretion, if the property
is feasible for the purposes and uses intended (“Feasibility Period”). The Feasibility
Period may be reduced if it is determined that a Phase II environmental assessment
is unnecessary. However, if it is determined that a Phase II environmental
assessment is necessary, the full 60-day Feasibility Period will be required and further
extended as necessary.
ii. Buyer’s feasibility study may include (but is not limited to) a
Phase I and a Phase II environmental assessment, to determine if the Property is
feasible for the purposes and uses intended.
iii. A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and hydrologic maps of
the area, review of federal and state databases for known hazardous water
generators or contaminated sites, and a site visit. If the Phase I review reveals the
potential of a contaminated site, a Phase II environmental assessment may be
conducted, which generally will consist of on-site sampling, including the digging or
4.2.a
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boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER
HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE
PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I AND IF
NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE
NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED.
iv. Buyer agrees to conduct its feasibility study at its sole cost and
expense; and if Buyer does not remove the feasibility contingency, then Buyer also
agrees, if requested by Seller, to deliver to Seller copies of all information and
documentation obtained by Buyer in connection with the feasibility study. If Buyer
fails to notify Seller of its approval of the Property, in writing, on or before the
expiration of the Feasibility Period, then this Agreement shall be terminated, and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the Earnest Money in Escrow shall be immediately returned to Buyer.
Following any environmental assessment, Buyer agrees to return the property to its
original state (i.e. fill all boring holes, etc.).
e. A completed Lack of Probate Affidavit in the form attached as Exhibit
“D” shall be submitted to the City with the signed Agreement.
f. This Agreement is also contingent upon insurability of title as addressed
in paragraph 6 below.
Should any of the contingencies provided for above or throughout this
Agreement not be met prior to Closing, then this Agreement shall terminate and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the Earnest Money in Escrow shall be immediately returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at Closing by Warranty Deed, free and clear of
all liens, encumbrances or defects except those described in Schedule B,
paragraph(s) 8 through 10 of Old Republic National Title Insurance Company Order
Number 5207167464, described in Exhibit “E”, attached hereto and incorporated
herein by this reference. All other special exceptions therein are to be removed from
the Property on or before Closing. General exclusions and exceptions common to the
area and not materially affecting the value of or unduly interfering with Buyer’s
4.2.a
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reasonable use of the Property shall be permitted. All monetary encumbrances and
special exceptions listed in Exhibit “E”, other than those specifically noted above,
are to be removed from the Property on or before Closing.
6. TITLE INSURANCE. At Closing, Buyer shall cause Old Republic
National Title Insurance Company, who is also serving as Escrow Agent, to issue
standard coverage owner's policy of title insurance to Buyer in an amount equal to
the total purchase price of the Property. For purposes of this Agreement, the
following shall not constitute encumbrances or defects: rights reserved in federal
patents or state deeds, building or use restrictions consistent with current zoning
and utility and road easements of record. If title cannot be made so insurable prior
to Closing, unless Buyer elects to waive such defects or encumbrances, this
Agreement shall terminate and the Earnest Money shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise
Tax, if applicable, shall be paid by Buyer, except for those fees which are expressly
limited by federal regulations. Buyer shall pay all recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the current year, rents, interest, water, sewer and other utility charges, if
any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise
agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, every reasonable effort will be made to
close this sale by 5:00 PM on __________________. However, if completion of the
environmental assessment is required under Section 4.d., the parties agree to
extend the Closing date to allow for the completion of the environmental
assessment. In addition to the Mayor, the Public Works Director for the City is also
authorized to extend Closing on behalf of the City. When notified, the Buyer and
Seller will deposit, without delay, in escrow with Escrow Agent, all instruments and
monies required to complete the transaction in accordance with this Agreement.
4.2.a
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Closing, for the purpose of this Agreement, is defined as the date that all documents
are executed and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property
are destroyed or materially damaged by fire or other casualty, this Agreement, at
option of the Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on Closing.
11. SELLER’S REPRESENTATIONS. Seller represents:
a. that Seller will maintain the Property in present or better condition until
time of agreed possession;
b. that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except:
c. that Seller is in possession of the Property and the Property is not
subject to any lease or rental agreements.
12. SELLER’S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best of Seller’s knowledge, Seller is not aware of the existence of, or has
caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, discharge or contamination) that existed as of and/or prior to
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities.
This provision shall survive Closing and be in addition to Seller’s obligation for breach
of a representation or warranty as may be set forth herein.
13. SELLER’S INDEMNITIES: Seller agrees to defend, indemnify, and
hold harmless the Buyer, against and in respect of, any and all damages, claims,
losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses
and costs, including, without limitation, reasonable legal, accounting, consulting,
4.2.a
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engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without limitation,
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller’s predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller’s obligation
for breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY’S FEES.
a. Buyer’s Default. If Buyer defaults hereunder, Seller’s sole remedy shall
be limited to damages against Buyer in the liquidated amount of the Earnest Money
previously paid by the Buyer. Buyer and Seller intend that this amount constitutes
liquidated damages and so as to avoid other costs and expenses to either party in
connection with potential litigation on account of Buyer’s default. Buyer and Seller
believe this amount to be a fair estimate of actual damages.
b. Seller’s Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
c. Attorney’s Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and attorney’s
fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation
of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES.
4.2.a
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16. NON-MERGER. The terms, conditions, and provisions of this
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
City of Kent
Attn: Cheryl Rolcik-Wilcox
Property & Acquisition Analyst
220 Fourth Avenue South
Kent, WA 98032
CRolcik-Wilcox@KentWA.gov
Fax: 253-856-6500
And to:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
CityClerk@KentWA.gov
Fax: 253-856-6725
(b) All notices to be given to Seller shall be addressed as follows:
Patricia L. Phillips
26127 SE Kent-Kangley Road
Ravensdale, WA 98051
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Theresa Roose
Old Republic National Title Insurance Company
216 W. Gowe Street
Kent, WA 98032
TRoose@ORTC.com
Phone: 253-813-9394
4.2.a
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Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on
the third day following the day such notice is mailed in accordance with this section.
18. CITY COUNCIL ACTION. Seller acknowledges that the closing of the
transaction contemplated by this Agreement (the “Closing”) is expressly conditioned
on the City of Kent City Council’s (the “City Council’s”) prior authorization to buy the
Property under this Agreement (“Council Authorization”), which may or may not be
granted in the City Council’s sole discretion. The City of Kent shall not be liable or
obligated for any burden or loss, financial or otherwise, incurred by Seller as a result
of the City Council’s modification of the final terms and conditions of this Agreement,
or the City Council’s failure to grant the Council Authorization.
a. Seller’s Waiver. Seller expressly waives any claim against
the City of Kent and its elected officials, officers, employees, representative and
agents for any burden, expense or loss which Seller incurs as a result of the City
Council’s failure to grant the Council Authorization.
19. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the date of mutual acceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement as indicated below.
4.2.a
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22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
______________, 2020, to accept the Agreement as written, by delivering a signed
copy thereof to the Buyer or Buyer’s agent. If Seller does not so deliver a signed
copy within this period, this Agreement shall lapse and all right of the parties
hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER:
CITY OF KENT
Name: Dana Ralph
Title: Mayor
Dated:
SELLER:
Name: Patricia L. Phillips
Dated:
4.2.a
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Page 1 of 1
ORDER NO. : 5207167464
EXHIBIT A
The land referred to is situated in the County of King, City of Ravensdale, State of Washington,
and is described as follows:
That portion of the East half of the East half of the Southwest Quarter of the Northwest Quarter
of the Southwest Quarter of Section 25, Township 22 North, Range 6 East, W.M., in King
County, Washington, lying South of Kent Kangley Road;
EXCEPT the East 20 feet thereof.
SITUATE in King County, Washington.
Property Address: 26127 Southeast Kent-Kangley Road, Ravensdale, Wa 98051
ABBREVIATED LEGAL
Section 25, Township 22 Range 6 NW 1/4, SW ¼, records of King County, Washington.
Tax Account No.: 252206-9100-09
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 1 of 9
Improved Ver. Effective 3-10-20
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the property write "NA." If the answer is "yes" to any * items, please explain
on attached sheets. Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each page of this disclosure
statement and each attachment. Delivery of the disclosure statement must occur not later
than five business days, unless otherwise agreed, after mutual acceptance of a written
contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT 26127 SE Kent-Kangley Road, Ravensdale, WA 98051 ("THE
PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER
OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMEN T TO YOU TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS
OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE
ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER
AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL
PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN
PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION,
DEFECTS OR WARRANTIES.
Seller is/ is not occupying the property.
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 2 of 9
Improved Ver. Effective 3-10-20
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
[ ]
Yes
[ ]
No
[ ] Don't know A. Do you have legal authority to sell the property? If no,
please explain.
[ ]
Yes
[ ]
No
[ ] Don't know *B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ]
Yes
[ ]
No
[ ] Don't know *C. Are there any encroachments, boundary agreements, or
boundary disputes?
[ ]
Yes
[ ]
No
[ ] Don't know *D. Is there a private road or easement agreement for access to
the property?
[ ]
Yes
[ ]
No
[ ] Don't know *E. Are there any rights-of-way, easements, or access
limitations that may affect the Buyer's use of the property?
[ ]
Yes
[ ]
No
[ ] Don't know *F. Are there any written agreements for joint maintenance of
an easement or right-of-way?
[ ]
Yes
[ ]
No
[ ] Don't know *G. Is there any study, survey project, or notice that would
adversely affect the property?
[ ]
Yes
[ ]
No
[ ] Don't know *H. Are there any pending or existing assessments against the
property?
[ ]
Yes
[ ]
No
[ ] Don't know *I. Are there any zoning violations, nonconforming uses, or any
unusual restrictions on the property that would affect future
construction or remodeling?
[ ]
Yes
[ ]
No
[ ] Don't know *J. Is there a boundary survey for the property?
[ ]
Yes
[ ]
No
[ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded
against the property?
2. WATER
A. Household Water
(1) The source of water for the property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the subject property
*[ ] Other water system
[ ]
Yes
[ ]
No
[ ] Don't know *If shared, are there any written agreements?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access
to and/or maintenance of the water source?
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 3 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know *(3) Are there any problems or repairs needed?
[ ]
Yes
[ ]
No
[ ] Don't know (4) During your ownership, has the source provided an
adequate year-round supply of potable water? If no, please
explain.
[ ]
Yes
[ ]
No
[ ] Don't know *(5) Are there any water treatment systems for the property? If
yes, are they [ ]Leased [ ]Owned
[ ]
Yes
[ ]
No
[ ] Don't know *(6) Are there any water rights for the property associated with
its domestic water supply, such as a water right permit,
certificate, or claim?
[ ]
Yes
[ ]
No
[ ] Don't know (a) If yes, has the water right permit, certificate, or claim been
assigned, transferred, or changed?
*(b) If yes, has all or any portion of the water right not been
used for five or more successive years?
[ ]
Yes
[ ]
No
[ ] Don't know *(7) Are there any defects in the operation of the water system
(e.g. pipes, tank, pump, etc.)?
B. Irrigation Water
[ ]
Yes
[ ]
No
[ ] Don't know (1) Are there any irrigation water rights for the property, such
as a water right permit, certificate, or claim?
[ ]
Yes
[ ]
No
[ ] Don't know *(a) If yes, has all or any portion of the water right not been
used for five or more successive years?
[ ]
Yes
[ ]
No
[ ] Don't know *(b) If so, is the certificate available? (If yes, please attach a
copy.)
[ ]
Yes
[ ]
No
[ ] Don't know *(c) If so, has the water right permit, certificate, or claim been
assigned, transferred, or changed?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) Does the property receive irrigation water from a ditch
company, irrigation district, or other entity? If so, please
identify the entity that supplies water to the property:
C. Outdoor Sprinkler System
[ ]
Yes
[ ]
No
[ ] Don't know (1) Is there an outdoor sprinkler system for the property?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) If yes, are there any defects in the system?
[ ]
Yes
[ ]
No
[ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation
water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by:
[ ] Public sewer system,
[ ] On-site sewage system (including pipes, tanks, drainfields,
and all other component parts)
[ ] Other disposal system, please describe:
[ ]
Yes
[ ]
No
[ ] Don't know B. If public sewer system service is available to the property, is
the house connected to the sewer main? If no, please explain.
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 4 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know *C. Is the property subject to any sewage system fees or
charges in addition to those covered in your regularly billed
sewer or on-site sewage system maintenance service?
D. If the property is connected to an on-site sewage system:
[ ]
Yes
[ ]
No
[ ] Don't know *(1) Was a permit issued for its construction, and was it
approved by the local health department or district following its
construction?
(2) When was it last pumped?
[ ]
Yes
[ ]
No
[ ] Don't know *(3) Are there any defects in the operation of the on-site
sewage system?
[ ] Don't know (4) When was it last inspected?
By whom:
[ ] Don't know (5) For how many bedrooms was the on-site sewage system
approved?
____ bedrooms
[ ]
Yes
[ ]
No
[ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected
to the sewer/on-site sewage system? If no, please explain: . . . .
[ ]
Yes
[ ]
No
[ ] Don't know *F. Have there been any changes or repairs to the on-site
sewage system?
[ ]
Yes
[ ]
No
[ ] Don't know G. Is the on-site sewage system, including the drainfield, located
entirely within the boundaries of the property? If no, please
explain.
[ ]
Yes
[ ]
No
[ ] Don't know *H. Does the on-site sewage system require monitoring and
maintenance services more frequently than once a year?
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING
COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER
IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR
ITEM 5. SYSTEMS AND FIXTURES
4. STRUCTURAL
[ ]
Yes
[ ]
No
[ ] Don't know *A. Has the roof leaked within the last five years?
[ ]
Yes
[ ]
No
[ ] Don't know *B. Has the basement flooded or leaked?
[ ]
Yes
[ ]
No
[ ] Don't know *C. Have there been any conversions, additions, or remodeling?
[ ]
Yes
[ ]
No
[ ] Don't know *(1) If yes, were all building permits obtained?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) If yes, were all final inspections obtained?
[ ]
Yes
[ ]
No
[ ] Don't know D. Do you know the age of the house? If yes, year of original
construction:
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 5 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know *E. Has there been any settling, slippage, or sliding of the
property or its improvements?
[ ]
Yes
[ ]
No
[ ] Don't know *F. Are there any defects with the following: (If yes, please
check applicable items and explain.)
□ Foundations □ Decks □ Exterior Walls
□ Chimneys □ Interior Walls □ Fire Alarm
□ Doors □ Windows □ Patio
□ Ceilings □ Slab Floors □ Driveways
□ Pools □ Hot Tub □ Sauna
□ Sidewalks □ Outbuildings □ Fireplaces
□ Garage Floors □ Walkways □ Siding
□ Other □ Woodstoves □ Elevators
□ Incline Elevators □ Stairway Chair Lifts □ Wheelchair Lifts
[ ]
Yes
[ ]
No
[ ] Don't know *G. Was a structural pest or "whole house" inspection done? If
yes, when and by whom was the inspection completed? . . . .
[ ]
Yes
[ ]
No
[ ] Don't know H. During your ownership, has the property had any wood
destroying organism or pest infestation?
[ ]
Yes
[ ]
No
[ ] Don't know I. Is the attic insulated?
[ ]
Yes
[ ]
No
[ ] Don't know J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
*A. If any of the following systems or fixtures are included with
the transfer, are there any defects? If yes, please explain.
[ ]
Yes
[ ]
No
[ ] Don't know Electrical system, including wiring, switches, outlets, and service
[ ]
Yes
[ ]
No
[ ] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets
[ ]
Yes
[ ]
No
[ ] Don't know Hot water tank
[ ]
Yes
[ ]
No
[ ] Don't know Garbage disposal
[ ]
Yes
[ ]
No
[ ] Don't know Appliances
[ ]
Yes
[ ]
No
[ ] Don't know Sump pump
[ ]
Yes
[ ]
No
[ ] Don't know Heating and cooling systems
[ ]
Yes
[ ]
No
[ ] Don't know Security system
[ ] Owned [ ] Leased
Other . . . .
*B. If any of the following fixtures or property is included with
the transfer, are they leased? (If yes, please attach copy of
lease.)
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 6 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know Security system . . . . . .
[ ]
Yes
[ ]
No
[ ] Don't know Tanks (type): . . . . . .
[ ]
Yes
[ ]
No
[ ] Don't know Satellite dish . . . . . .
Other: . . . . . .
*C. Are any of the following kinds of wood burning appliances
present at the property?
[ ]
Yes
[ ]
No
[ ] Don't know (1) Woodstove?
[ ]
Yes
[ ]
No
[ ] Don't know (2) Fireplace insert?
[ ]
Yes
[ ]
No
[ ] Don't know (3) Pellet stove?
[ ]
Yes
[ ]
No
[ ] Don't know (4) Fireplace?
[ ]
Yes
[ ]
No
[ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts
certified by the U.S. Environmental Protection Agency as clean
burning appliances to improve air quality and public health?
[ ]
Yes
[ ]
No
[ ] Don't know D. Is the property located within a city, county, or district or
within a department of natural resources fire protection zone
that provides fire protection services?
[ ]
Yes
[ ]
No
[ ] Don't know E. Is the property equipped with carbon monoxide alarms?
(Note: Pursuant to RCW 19.27.530, seller must equip the
residence with carbon monoxide alarms as required by the state
building code.)
[ ]
Yes
[ ]
No
[ ] Don't know F. Is the property equipped with smoke detection devices?
(Note: Pursuant to RCW 43.44.110, if the property is not
equipped with at least one smoke detection device, at least one
must be provided by the seller.)
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ]
Yes
[ ]
No
[ ] Don't know A. Is there a Homeowners' Association? Name of Association and
contact information for an officer, director, employee, or other
authorized agent, if any, who may provide the association's
financial statements, minutes, bylaws, fining policy, and other
information that is not publicly available:
[ ]
Yes
[ ]
No
[ ] Don't know B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year [ ] Other
[ ]
Yes
[ ]
No
[ ] Don't know *C. Are there any pending special assessments?
[ ]
Yes
[ ]
No
[ ] Don't know *D. Are there any shared "common areas" or any joint
maintenance agreements (facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas co-
owned in undivided interest with others)?
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 7 of 9
Improved Ver. Effective 3-10-20
7. ENVIRONMENTAL
[ ]
Yes
[ ]
No
[ ] Don't know *A. Have there been any flooding, standing water, or drainage
problems on the property that affect the property or access to
the property?
[ ]
Yes
[ ]
No
[ ] Don't know *B. Does any part of the property contain fill dirt, waste, or
other fill material?
[ ]
Yes
[ ]
No
[ ] Don't know *C. Is there any material damage to the property from fire,
wind, floods, beach movements, earthquake, expansive soils, or
landslides?
[ ]
Yes
[ ]
No
[ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical
areas on the property?
[ ]
Yes
[ ]
No
[ ] Don't know *E. Are there any substances, materials, or products in or on the
property that may be environmental concerns, such as asbestos,
formaldehyde, radon gas, lead-based paint, fuel or chemical
storage tanks, or contaminated soil or water?
[ ]
Yes
[ ]
No
[ ] Don't know *F. Has the property been used for commercial or industrial
purposes?
[ ]
Yes
[ ]
No
[ ] Don't know *G. Is there any soil or groundwater contamination?
[ ]
Yes
[ ]
No
[ ] Don't know *H. Are there transmission poles or other electrical utility
equipment installed, maintained, or buried on the property that
do not provide utility service to the structures on the property?
[ ]
Yes
[ ]
No
[ ] Don't know *I. Has the property been used as a legal or illegal dumping
site?
[ ]
Yes
[ ]
No
[ ] Don't know *J. Has the property been used as an illegal drug manufacturing
site?
[ ]
Yes
[ ]
No
[ ] Don't know *K. Are there any radio towers in the area that cause
interference with cellular telephone reception?
8. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[ ]
Yes
[ ]
No
[ ] Don't know *A. Did you make any alterations to the home? If yes, please
describe the alterations: . . . . . . . . . .
[ ]
Yes
[ ]
No
[ ] Don't know *B. Did any previous owner make any alterations to the home?
[ ]
Yes
[ ]
No
[ ] Don't know *C. If alterations were made, were permits or variances for
these alterations obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ]
Yes
[ ]
No
[ ] Don't know *Are there any other existing material defects affecting the
property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are
complete and correct to the best of my/our knowledge and I/we
have received a copy hereof. I/we authorize all of my/our real
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 8 of 9
Improved Ver. Effective 3-10-20
estate licensees, if any, to deliver a copy of this disclosure
statement to other real estate licensees and all prospective
buyers of the property.
DATE SELLER SELLER
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED
ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN
INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to
any material defects that are known to Buyer or can be known to Buyer by
utilizing diligent attention and observation.
B. The disclosures set forth in this statement and in any amendments to this
statement are made only by the Seller and not by any real estate licensee or
other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees
are not liable for inaccurate information provided by Seller, except to the extent
that real estate licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the
written agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion
of this disclosure statement below) has received a copy of this Disclosure
Statement (including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR
SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: BUYER: BUYER:
4.2.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 9 of 9
Improved Ver. Effective 3-10-20
BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer’s right to receive a completed Seller Disclosure Statement.
Buyer waives that right. However, if the answer to any of the questions in the section
entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the
“Environmental” section of the Seller Disclosure Statement.
DATE: BUYER: BUYER:
4.2.a
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Order No 5207167464
LACK OF PROBATE AFFIDAVIT
STATE OF WASHINGTON
COUNTY OF _____________ SS
_________________________________________, being first duly sworn, deposes and says
1.The undersigned affiant is the _________________________ of ________________________,
(relationship to decedent)(decedent)
who died _________________, _______ at _____________________, ___________________,
(date) (year)(city)(state)
then being legal resident of _____________________, ____________, ___________________.
(city) (county)(state)
* NOTE: A Copy of Death Certificate of decedent is attached hereto*
2.( ) Decedent left no last Will; or
( ) Decedent left a last Will which has not been probat ed, and a true copy of which is
attached hereto,and the same Will has never been revoked; or
( )Decedent left a last will which was probated in _______________ County, State of
_____________________, and an authenticated copy of Order admitting Will to
probate, or Decree of Distribution is attached hereto.
3.The heirs at law of decedent, and their ages, relationship to the decedent and current address are as
follows (including spouse, natural or adopted children, issue of any predeceased child, and surviving
parents, brothers and sisters of decedent):
HEIRS AT LAW
______________________________________________________________________
(Full Name)(Age)(Relationship)(Address)(City)(State)
______________________________________________________________________
(Full Name)(Age)(Relationship)(Address)(City)(State)
______________________________________________________________________
(Full Name)(Age)(Relationship)(Address)(City)(State)
______________________________________________________________________
(Full Name)(Age)(Relationship)(Address)(City)(State)
______________________________________________________________________
(Full Name)(Age)(Relationship) (Address)(City)(State)
______________________________________________________________________
(Full Name)(Age)(Relationship)(Address)(City)(State)
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(CONTINUED FROM PREVIOUS PAGE)
4.All the debts of the decedent and/or the material community, including but not limited to all
expenses of the decedent's last illness, funeral and burial, and all applicable federal and state
succession or inheritance taxes, have been fully paid, except as follows:
______________________________________________________________________
(please indicate “none”, if no debts apply)
5.As of the date of death, the value of all community property of decedent was
approximately $_______________, and the value of separate property was
approximately $_______________.
6.This affidavit is made to include Old Republic Title, Ltd., hereinafter called "ORT"to insure title
to real property described under the above Order No., in which decedent had an interest at the time
of his or her death, and ORT may issue its policy or policies in full reliance on the representations
herein made. Affiant does hereby indemnify and agree to hold ORT harmless by reason of so
insuring in reliance on there representations.
NOTE:A request to so insure must come from an attorney, and dee ds may be required from heirs or
devisees of decedent
DATED:________________________, _______
By: ______________________________________
______________________________________
(Affiant's full name)
______________________________________
______________________________________
______________________________________
(Address and Telephone No.)
Subscribed and sworn to me this _____ day of ____________, _______.
Signature: ________________________________
Name: ___________________________________
(Typed or Printed)
(Notary Public in and for the State of Washington,
residing at: _______________________)
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Old Republic National Title Insurance Company Order No. 5207167464
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: September 8, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Small Business Grant Update
SUMMARY: Chief Economic Development Officer, Bill Ellis will provide the Council
with an update on the Small Business Grant program.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
4.3
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: September 8, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: July Financial Report
SUMMARY: Senior Financial Analyst, Michelle Ferguson will present the July
Financial Report.
ATTACHMENTS:
1. July 2020 Consolidated Monthly Report (PDF)
4.4
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2020
Adj Budget
2020
YTD
2020
Est Actual
Variance
Favorable
(Unfavorable)
%Variance
Favorable
(Unfavorable)
Revenues 109,451,320 58,967,362 104,539,130 (4,912,190) -4.5%
Expenditures 109,225,150 54,151,645 104,885,014 4,340,136 4.0%
Net Revenues Less Expenditures 226,170 4,815,717 (345,884) (572,054)
Beginning Fund Balance 34,399,775 34,399,775
Ending Fund Balance 34,625,945 34,053,890
Ending Fund Balance Detail:
General Fund Reserves 34,158,547 33,736,130
31.3%32.2%
Restricted for Annexation 467,398 317,760
Revenue Overview
Expenditures Overview
Required Ending Fund Balance Calculation
Estimated Expenditures for 2020 (from above)104,885,014
18.0%
18% GF Ending Fund Balance 18,879,303
July 2020 Monthly Financial Report
City of Kent, Washington
General Fund Overview
Summary
Analysis through July shows an overall unfavorable budget variance of $-0.6 million.
General Fund Reserves are estimated to end the year at $33.7 million, or 32.2% of estimated 2020 expenditures.
Revenues are estimated to end the year approximately $-4.9 million (-4.5%) lower than budgeted.
Through July, all departments are trending under budget with an overall budget variance of $4.3 million or 4%, due to
the impact of Covid-19. Budgets will be adjusted down in August.
2.06 0.83 0.64
4.13
7.65 9.46
11.91
18.92 20.65 21.67
32.57 33.74
0.00
5.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Est. 2020
General Fund Ending Fund Balance 10-year History (excluding Annexation)$ in
millions
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Revenue Categories 2020
Adj Budget
2020
YTD
2020
Est Actual
Variance
Favorable
(Unfavorable)
%Variance
Favorable
(Unfavorable)
Taxes:
Property 30,457,820 16,672,481 31,189,110 731,290 2.4%
Sales & Use 20,849,490 13,381,324 20,720,320 (129,170) -0.6%
Utility 19,278,260 11,688,279 19,297,340 19,080 0.1%
Business & Occupation 14,900,000 6,484,040 14,000,000 (900,000) -6.0%
Other 897,440 268,650 465,710 (431,730) -48.1%
Licenses and Permits 7,490,520 4,124,316 6,720,250 (770,270) -10.3%
Intergovernmental Revenue 2,966,570 1,984,113 2,884,110 (82,460) -2.8%
Charges for Services 6,266,770 2,162,083 3,765,550 (2,501,220) -39.9%
Fines and Forfeitures 1,145,660 582,922 973,810 (171,850) -15.0%
Miscellaneous Revenue 2,444,020 1,169,155 1,768,160 (675,860) -27.7%
Transfers In 2,754,770 450,000 2,754,770 -
Total Revenues 109,451,320 58,967,362 104,539,130 (4,912,190) -4.5%
All variances are due to anticipated revenue losses from the impacts of Covid-19.
July 2020 Monthly Financial Report
City of Kent, Washington
General Fund Overview - Revenues
Variance analysis for revenues is provided for particular line items or those in which the estimated actual amount
differs from the budgeted amount by at least 10% or minimum of $500,000.
Variance Notes
Property Taxes
30%
Sales Taxes
20%
Utility Taxes
19%
B&O Taxes
13%
Other Taxes
0.4%
Licenses and
Permits
6%
Intergovernmental
3%
Charges for Services
4%
Fines and Forfeits
1%
Misc & Transfers In
4%
Other
12%
2020 Estimated
General Fund
Revenues
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Revenues
Budgeted
Revenues
Actual
Revenues
January 6,139 6,123 6,877
February 5,923 5,450 5,736
March 7,624 8,104 6,774
April 20,431 18,172 16,925
May 9,230 7,857 8,588
June 6,226 6,446 7,691
July 8,682 7,866 6,376
August 6,437 5,826 0
September 7,074 7,119 0
October 21,274 18,654 0
November 8,154 7,403 0
December 12,620 10,429 0
Total 119,813 109,451 58,967
Prior Year
Revenues
Budgeted
Revenues
Actual
Revenues
January 0 12 0
February 262 237 247
March 866 890 1,461
April 12,268 12,635 9,328
May 2,730 2,110 3,199
June 128 131 2,242
July 87 110 196
August 80 106 0
September 842 652 0
October 11,573 11,685 0
November 1,688 1,657 0
December 208 233 0
Total 30,732 30,458 16,672
Prior Year
Revenues
Budgeted
Revenues
Actual
Revenues
January 2,060 1,574 2,158
February 2,485 1,940 2,425
March 2,058 1,564 2,143
April 1,788 1,484 1,929
May 2,244 1,758 1,959
June 1,765 1,487 2,127
July 2,331 1,702 639
August 2,540 1,898 0
September 2,310 1,736 0
October 2,532 1,787 0
November 2,589 1,916 0
December 2,418 2,005 0
Total 27,121 20,849 13,381
July 2020 Monthly Financial Report
City of Kent, Washington
General Fund Revenues ($ in Thousands)
All Revenues Sources
Property Tax
Sales Tax
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
20 Bud 19 Act 20 Act
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
20 Bud 19 Act 20 Act
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
20 Bud 19 Act 20 Act
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July 2020 Monthly Financial Report
City of Kent, Washington
General Fund Revenues ($ in Thousands)
Prior Year
Revenues
Budgeted
Revenues
Actual
Revenues
January 1,822 1,989 2,033
February 1,648 1,701 1,779
March 1,680 1,651 1,627
April 1,707 1,758 1,845
May 1,575 1,533 1,581
June 1,450 1,428 1,494
July 1,639 1,667 1,330
August 1,477 1,473 0
September 1,481 1,688 0
October 2,012 1,492 0
November 1,633 1,526 0
December 1,477 1,372 0
Total 19,600 19,278 11,688
Prior Year
Revenues
Budgeted
Revenues
Actual
Revenues
January 2 5 2
February 2 8 1
March 48 249 33
April 2,479 2,338 2,765
May 543 969 898
June 81 184 117
July 2,637 2,972 2,937
August 665 615 0
September 70 139 0
October 2,919 3,297 0
November 490 536 0
December 4,026 4,486 0
Total 13,963 15,797 6,753
Prior Year
Revenues
Budgeted
Revenues
Actual
Revenues
January 2,255 1,859 2,684
February 1,526 879 1,284
March 2,972 2,565 1,508
April 2,189 1,689 1,059
May 2,139 1,431 951
June 2,801 2,553 1,711
July 1,987 1,665 1,275
August 1,675 1,352 0
September 2,370 2,423 0
October 2,237 1,836 0
November 1,754 1,504 0
December 4,491 3,313 0
Total 28,396 23,068 10,473
Utility Tax
Other Taxes
Other Revenues
(Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues)
$0
$5,000
$10,000
$15,000
$20,000
$25,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
20 Bud 19 Act 20 Act
$0
$2,000
$4,000
$6,000
$8,000
$10,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
20 Bud 19 Act 20 Act
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
20 Bud 19 Act 20 Act
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Department 2020
Adj Budget
2020
YTD
2020
Est Actual
Variance
Favorable
(Unfavorable)
%Variance
Favorable
(Unfavorable)
City Council 404,020 235,093 402,332 1,688 0.4%
Mayor's Office/City Clerk 2,021,160 1,042,716 1,799,148 222,012 11.0%
Economic & Community Dev 7,840,880 3,909,962 7,456,847 384,033 4.9%
Finance 2,889,260 1,293,717 2,514,721 374,539 13.0%
Fire Contracted Services 3,676,240 2,133,504 3,663,620 12,620 0.3%
Human Resources 1,820,200 959,122 1,630,273 189,927 10.4%
Information Technology 202,550 262,535 173,024 29,526 14.6%
Law 1,526,670 870,395 1,323,335 203,335 13.3%
Municipal Court 3,596,390 1,933,849 3,479,968 116,422 3.2%
Parks, Recreation & Comm Svcs 19,177,330 9,234,820 18,129,278 1,048,052 5.5%
Police 45,139,330 25,243,611 43,343,012 1,796,318 4.0%
Public Works 590,750 629,087 629,087 (38,337) -6.5%
Non-Departmental 20,340,370 6,403,234 20,340,370
Total Expenditures 109,225,150 54,151,645 104,885,014 4,340,136 4.0%
July 2020 Monthly Financial Report
City of Kent, Washington
General Fund Overview - Expenditures
Variance analysis for expenditures is provided for particular departments or those in which the estimated actual
amount differs from the budgeted amount by at least 10% or a minimum of $500,000.
Variance Notes
All variances to budget are due to reductions as a result of anticipated revenue losses from the impacts
of Covid-19.
City Council 0.4%
Mayor/CC
3%
ECD
7%
Finance
3%
Fire Contracts Svcs
4%
Human
Resources
2%I.T. 0.5%
Law 1%
Municipal Court
3%
Parks, Recreation &
Comm Svcs
17%
Police
41%
Public Works 0.60%
Non-Departmental
19%
Other
9%
2020 Estimated General Fund Expenditures
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2018 2019 2020 2020 2020
Actual Actual Adj Budget YTD Est Actual
Beginning Fund Balance 21,595,173 23,750,461 34,399,775 34,399,775 34,399,775
Revenues
Taxes:
Property 29,971,155 30,731,786 30,457,820 16,672,481 31,189,110
Sales & Use 24,699,301 27,121,400 20,849,490 13,381,324 20,720,320
Utility 19,289,162 19,600,347 19,278,260 11,688,279 19,297,340
Business & Occupation 9,422,048 12,999,564 14,900,000 6,484,040 14,000,000
Other 1,074,356 963,837 897,440 268,650 465,710
Licenses and Permits 7,557,658 7,483,643 7,490,520 4,124,316 6,720,250
Intergovernmental Revenue 7,919,860 6,645,962 2,966,570 1,984,113 2,884,110
Charges for Services 6,602,681 7,996,846 6,266,770 2,162,083 3,765,550
Fines and Forfeitures 1,360,976 1,289,334 1,145,660 582,922 973,810
Miscellaneous Revenue 2,642,511 3,586,979 2,444,020 1,169,155 1,768,160
Transfers In 950,000 984,411 2,754,770 450,000 2,754,770
Total Revenues 111,489,706 119,404,108 109,451,320 58,967,362 104,539,130
Expenditures
City Council 344,160 392,115 404,020 235,093 402,332
Mayor's Office/City Clerk 2,759,974 2,768,273 2,021,160 1,042,716 1,799,148
Economic & Community Dev 6,681,671 7,044,217 7,840,880 3,909,962 7,456,847
Finance 3,061,472 3,236,960 2,889,260 1,293,717 2,514,721
Fire Contracted Services 3,619,385 3,927,088 3,676,240 2,133,504 3,663,620
Human Resources 2,075,553 2,047,102 1,820,200 959,122 1,630,273
Information Technology 506,265 513,448 202,550 262,535 173,024
Law 1,673,438 1,801,507 1,526,670 870,395 1,323,335
Municipal Court 3,442,107 3,646,275 3,596,390 1,933,849 3,479,968
Parks, Recreation & Comm Svcs 17,992,171 18,396,678 19,177,330 9,234,820 18,129,278
Police 39,315,958 43,849,289 45,139,330 25,243,611 43,343,012
Public Works 1,155,562 1,208,835 590,750 629,087 629,087
Non-Departmental 26,706,702 20,332,204 20,340,370 6,403,234 20,340,370
Total Expenditures 109,334,419 109,163,991 109,225,150 54,151,645 104,885,014
Net Revenues less Expenditures 2,155,288 10,240,117 226,170 4,815,717 (345,884)
Ending Fund Balance 23,750,461 33,990,578 34,625,945 39,215,492 34,053,890
Ending Fund Balance Detail:
General Fund Reserves 22,069,241 32,573,348 34,158,547 33,736,130
based on same year actuals/budget 20.2% 29.8% 31.3% 32.2%
Restricted for Annexation 1,681,220 1,417,230 467,398 317,760
July 2020 Monthly Financial Report
City of Kent, Washington
General Fund
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thru July thru July thru July Budget
Revenues
Taxes:
Property 15,966,538 16,340,441 16,672,481 332,040 2.0%54.7%
Sales & Use 13,312,609 14,731,364 13,381,324 (1,350,040) -9.2%64.2%
Utility 11,783,475 11,521,077 11,688,279 167,202 1.5%60.6%
Business & Occupation 3,732,809 5,373,726 6,484,040 1,110,314 20.7%43.5%
Other 557,608 418,925 268,650 (150,275) -35.9%29.9%
Licenses and Permits 4,827,175 4,906,921 4,124,316 (782,605) -15.9%55.1%
Intergovernmental Revenue 4,333,403 4,245,619 1,984,113 (2,261,506) -53.3%66.9%
Charges for Services 4,190,226 4,381,710 2,162,083 (2,219,627) -50.7%34.5%
Fines and Forfeitures 706,962 602,789 582,922 (19,866) -3.3%50.9%
Miscellaneous Revenue 1,390,387 1,693,729 1,169,155 (524,575) -31.0%47.8%
Transfers In - 37,631 450,000 412,369 1095.8%16.3%
Total Revenues 60,801,191 64,253,931 58,967,362 (5,286,569) -8.2%53.9%
Expenditures
City Council 208,981 227,745 235,093 7,349 3.2%58.2%
Mayor's Office/City Clerk 1,342,004 1,592,392 1,042,716 (549,676) -34.5%51.6%
Economic & Community Dev 3,910,418 3,957,756 3,909,962 (47,794) -1.2%49.9%
Finance 1,852,167 1,984,561 1,293,717 (690,844) -34.8%44.8%
Fire Contracted Services 2,192,569 2,047,536 2,133,504 85,968 4.2%58.0%
Human Resources 1,214,551 1,218,938 959,122 (259,815) -21.3%52.7%
Information Technology 294,804 293,665 262,535 (31,130) -10.6%129.6%
Law 994,919 1,016,544 870,395 (146,150) -14.4%57.0%
Municipal Court 1,920,447 2,082,409 1,933,849 (148,560) -7.1%53.8%
Parks, Recreation & Comm Svcs 10,117,866 10,442,544 9,234,820 (1,207,724) -11.6%48.2%
Police 22,791,264 24,802,500 25,243,611 441,110 1.8%55.9%
Public Works 682,095 658,169 629,087 (29,083) -4.4%106.5%
Non-Departmental 4,217,208 1,936,943 6,403,234 4,466,291 230.6%31.5%
Total Expenditures 51,739,292 52,261,702 54,151,645 1,889,943 3.6%49.6%
*General Govt. includes City Council, Mayor/Clerk, HR, IT, & Finance
Variance
July 2020 Monthly Financial Report
City of Kent, Washington
General Fund
Year-to-Year Month Comparison
2020-19
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Estimated
Beginning
Fund Balance
Estimated
Revenues
Estimated
Expenditures
Estimated
Ending Fund
Balance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
General Fund 34,399,775 104,539,130 104,885,014 34,053,890
Street Fund 7,249,873 16,320,400 18,452,030 5,118,243
LEOFF 1 Retiree Benefits 1,921,274 1,106,100 1,546,270 1,481,104
Lodging Tax 185,825 126,100 268,940 42,985
Youth/Teen Programs 75,355 872,600 963,100 (15,145)
Capital Resources 18,658,224 17,600,500 27,614,930 8,643,794
Criminal Justice 7,867,703 7,542,500 8,582,020 6,828,183
ShoWare Operating 2,930,008 1,180,000 1,267,340 2,842,668
Other Operating 568,356 108,800 108,670 568,486
Councilmanic Debt Service 1,915,872 9,144,500 8,754,530 2,305,842
Special Assessments Debt Service 699,855 798,200 793,480 704,575
Water Utility 11,375,662 28,728,700 28,127,260 11,977,102
Sewer Utility 908,833 32,697,600 32,353,140 1,253,293
Drainage Utility 16,107,790 24,739,200 22,839,830 18,007,160
Solid Waste Utility 531,908 751,500 796,980 486,428
Golf Complex (601,973) 5,586,000 3,767,000 1,217,027
Fleet Services 4,351,502 5,323,090 6,870,760 2,803,832
Central Services 55,834 348,400 396,490 7,744
Information Technology 3,728,511 8,985,400 11,734,510 979,401
Facilities 3,280,379 6,235,600 7,056,100 2,459,879
Unemployment 1,358,838 163,400 256,990 1,265,248
Workers Compensation 2,839,993 1,484,000 1,691,400 2,632,593
Employee Health & Wellness 5,729,769 15,112,100 15,031,460 5,810,409
Liability Insurance 1,923,261 2,547,700 2,091,280 2,379,681
Property Insurance 722,999 581,100 588,100 715,999
Enterprise Funds
Internal Service Funds
Fund Balances
July 2020 Monthly Financial Report
City of Kent, Washington
General Fund
Special Revenue Funds
Debt Service Funds
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2018 2019 2020 2020 2020
Actual Prelim Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Street Fund
Revenues 15,241,855 19,786,844 16,988,340 7,063,706 16,320,400
Expenditures 15,698,374 17,953,938 18,452,030 6,135,769 18,452,030
Net Revenues Less Expenditures (456,519)1,832,906 (1,463,690)927,937 (2,131,630)
LEOFF 1 Retiree Benefits
Revenues 1,948,504 1,401,786 1,201,170 599,974 1,106,100
Expenditures 1,372,764 1,352,624 1,546,320 942,357 1,546,270
Net Revenues Less Expenditures 575,740 49,162 (345,150)(342,384)(440,170)
Lodging Tax
Revenues 320,774 314,588 303,510 102,489 126,100
Expenditures 441,566 465,527 349,780 163,938 268,940
Net Revenues Less Expenditures (120,791)(150,940)(46,270)(61,450)(142,840)
Youth/Teen Programs
Revenues 928,958 941,240 936,680 571,449 872,600
Expenditures 942,000 957,730 963,100 4,136 963,100
Net Revenues Less Expenditures (13,042)(16,490)(26,420)567,314 (90,500)
Capital Resources
Revenues 22,962,097 25,312,158 20,581,220 11,257,163 17,600,500
Expenditures 23,009,239 22,251,119 27,615,030 1,795,472 27,614,930
Net Revenues Less Expenditures (47,142)3,061,040 (7,033,810)9,461,690 (10,014,430)
Criminal Justice
Revenues 5,141,297 6,738,402 8,352,270 4,215,641 7,542,500
Expenditures 5,090,504 6,118,496 8,582,120 3,410,643 8,582,020
Net Revenues Less Expenditures 50,792 619,907 (229,850)804,997 (1,039,520)
ShoWare Operating
Revenues 1,502,759 1,456,311 1,150,000 128,429 1,180,000
Expenditures 1,373,763 1,089,763 1,267,340 782,953 1,267,340
Net Revenues Less Expenditures 128,996 366,548 (117,340)(654,524)(87,340)
Other Operating
Revenues 133,288 113,321 108,770 108,800
Expenditures 72,045 132,366 108,770 74,950 108,670
Net Revenues Less Expenditures 61,243 (19,045)(74,950)130
Councilmanic Debt Service
Revenues 10,535,010 10,266,923 9,144,490 2,410,093 9,144,500
Expenditures 10,070,185 9,802,097 8,754,530 2,479,538 8,754,530
Net Revenues Less Expenditures 464,826 464,826 389,960 (69,445)389,970
Special Assessment Debt Service
Revenues 1,458,264 1,339,332 793,180 235,912 798,200
Expenditures 1,561,009 1,119,393 793,580 329,042 793,480
Net Revenues Less Expenditures (102,745)219,939 (400)(93,130)4,720
Debt Service Funds
July 2020 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Special Revenue Funds
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Actual Prelim Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
July 2020 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Water Utility
Revenues 29,438,960 32,626,406 30,168,320 16,103,437 28,728,700
Expenditures 28,004,249 35,348,583 28,127,260 12,120,067 28,127,260
Net Revenues Less Expenditures 1,434,710 (2,722,177)2,041,060 3,983,370 601,440
Sewer Utility
Revenues 33,063,798 32,386,150 19,237,355 32,697,600
Expenditures 31,664,339 32,353,140 16,837,415 32,353,140
Net Revenues Less Expenditures 1,399,458 33,010 2,399,940 344,460
Note: Sewer Utility was combined with Drainage Utility in 2018.
Drainage Utility
Revenues 57,343,023 29,373,133 24,188,630 13,719,993 24,739,200
Expenditures 56,890,091 28,566,673 22,839,830 9,648,438 22,839,830
Net Revenues Less Expenditures 452,932 806,461 1,348,800 4,071,555 1,899,370
Solid Waste Utility
Revenues 799,794 874,164 745,650 473,774 751,500
Expenditures 812,476 809,006 796,980 613,472 796,980
Net Revenues Less Expenditures (12,682)65,158 (51,330)(139,698)(45,480)
Golf Complex
Revenues 9,229,538 2,698,609 4,361,570 4,739,718 5,586,000
Expenditures 6,467,553 2,811,737 4,309,880 1,403,591 3,767,000
Net Revenues Less Expenditures 2,761,985 (113,128)51,690 3,336,127 1,819,000
Fleet Services
Revenues 5,686,534 8,514,159 5,163,800 3,168,012 5,323,090
Expenditures 7,286,339 6,413,500 7,200,570 3,597,052 6,870,760
Net Revenues Less Expenditures (1,599,805)2,100,659 (2,036,770)(429,040)(1,547,670)
Central Services
Revenues 375,410 367,717 456,010 158,384 348,400
Expenditures 357,253 326,927 396,590 142,156 396,490
Net Revenues Less Expenditures 18,157 40,790 59,420 16,228 (48,090)
Information Technology
Revenues 8,416,261 9,063,603 9,084,460 5,184,422 8,985,400
Expenditures 8,676,906 8,702,490 11,740,610 5,600,162 11,734,510
Net Revenues Less Expenditures (260,645)361,113 (2,656,150)(415,740)(2,749,110)
Facilities
Revenues 4,941,020 5,967,608 6,236,060 3,098,549 6,235,600
Expenditures 4,933,077 5,035,505 7,056,200 2,547,701 7,056,100
Net Revenues Less Expenditures 7,943 932,103 (820,140)550,848 (820,500)
Unemployment
Revenues 158,565 178,465 144,690 95,297 163,400
Expenditures 181,851 220,850 177,480 83,485 256,990
Net Revenues Less Expenditures (23,286)(42,384)(32,790)11,812 (93,590)
Enterprise Funds
Internal Service Funds
Note: Golf revenues include proceeds from the sale of land of $6m in 2018. 2018 Exp include $3.3m transfer to
Capital Projects
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Operating revenues and expenditures only; capital and non-capital projects are excluded.
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July 2020 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Workers Compensation
Revenues 1,829,452 1,289,364 1,129,480 865,672 1,484,000
Expenditures 725,048 1,928,101 1,516,600 722,881 1,691,400
Net Revenues Less Expenditures 1,104,404 (638,737)(387,120)142,791 (207,400)
Employee Health & Wellness
Revenues 13,857,791 15,629,649 15,842,530 9,088,515 15,112,100
Expenditures 12,931,931 13,786,308 16,688,790 7,383,526 15,031,460
Net Revenues Less Expenditures 925,860 1,843,342 (846,260)1,704,990 80,640
Liability Insurance
Revenues 1,950,908 2,798,493 2,190,430 1,486,168 2,547,700
Expenditures 2,733,726 1,753,545 2,091,380 1,375,037 2,091,280
Net Revenues Less Expenditures (782,818)1,044,947 99,050 111,131 456,420
Property Insurance
Revenues 587,906 1,328,717 581,140 338,949 581,100
Expenditures 632,404 1,213,255 572,240 858,354 588,100
Net Revenues Less Expenditures (44,498)115,462 8,900 (519,405)(7,000)
0
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Funds
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Beginning
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Operating revenues and expenditures only; capital and non-capital projects are excluded.
Street Fund
Revenues 6,999,043 8,260,870 7,063,706 (1,197,165)-14.5%
Expenditures 7,163,351 8,854,993 6,135,769 (2,719,224)-30.7%
Net Revenues Less Expenditures (164,308)(594,123)927,937
LEOFF 1 Retiree Benefits
Revenues 456,412 101,297 599,974 498,677 492.3%
Expenditures 836,915 787,952 942,357 154,405 19.6%
Net Revenues Less Expenditures (380,503)(686,656)(342,384)
Lodging Tax
Revenues 148,799 147,397 102,489 (44,908)-30.5%
Expenditures 238,753 232,526 163,938 (68,588)-29.5%
Net Revenues Less Expenditures (89,954)(85,129)(61,450)
Youth/Teen Programs
Revenues 575,261 552,848 571,449 18,601 3.4%
Expenditures 4,136 4,136
Net Revenues Less Expenditures 575,261 552,848 567,314
Capital Resources
Revenues 10,848,558 9,468,136 11,257,163 1,789,027 18.9%
Expenditures 2,744,213 3,173,050 1,795,472 (1,377,577)-43.4%
Net Revenues Less Expenditures 8,104,345 6,295,086 9,461,690
Criminal Justice
Revenues 2,855,594 3,378,180 4,215,641 837,461 24.8%
Expenditures 2,402,045 3,608,868 3,410,643 (198,225)-5.5%
Net Revenues Less Expenditures 453,548 (230,688)804,997
ShoWare Operating
Revenues 450,970 205,863 128,429 (77,433)-37.6%
Expenditures 519,810 599,510 782,953 183,443 30.6%
Net Revenues Less Expenditures (68,840)(393,648)(654,524)
Admissions Tax revenues received quarterly (April, July, September, January)
Other Operating
Revenues
Expenditures 43,467 88,794 74,950 (13,844)-15.6%
Net Revenues Less Expenditures (43,467)(88,794)(74,950)
Combines several small programs, including City Art Program and Neighborhood Matching Grants
July 2020 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2020-2019
Special Revenue Funds
Variance
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Operating revenues and expenditures only; capital and non-capital projects are excluded.
July 2020 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2020-2019
Variance
Councilmanic Debt Service
Revenues 2,620,517 2,510,901 2,410,093 (100,808)-4.0%
Expenditures 2,620,517 2,536,712 2,479,538 (57,174)-2.3%
Net Revenues Less Expenditures (25,811)(69,445)
Debt service payments are generally due in June and December.
Special Assessments Debt Service
Revenues 710,077 630,587 235,912 (394,676)-62.6%
Expenditures 188,577 441,072 329,042 (112,030)-25.4%
Net Revenues Less Expenditures 521,501 189,515 (93,130)
Water Utility
Revenues 16,027,297 17,795,663 16,103,437 (1,692,226)-9.5%
Expenditures 12,697,517 11,719,429 12,120,067 400,637 3.4%
Net Revenues Less Expenditures 3,329,780 6,076,233 3,983,370
Sewer Utility
Revenues 19,113,437 19,237,355 123,918 0.6%
Expenditures 16,736,831 16,837,415 100,584 0.6%
Net Revenues Less Expenditures 2,376,606 2,399,940
Note: Sewer Utility was combined with Drainage Utility in 2018.
Drainage Utility
Revenues 33,211,247 14,624,722 13,719,993 (904,729)-6.2%
Expenditures 25,121,241 8,543,927 9,648,438 1,104,511 12.9%
Net Revenues Less Expenditures 8,090,006 6,080,795 4,071,555
Note: Sewer Utility was combined with Drainage Utility in 2018.
Solid Waste Utility
Revenues 448,885 494,450 473,774 (20,676)-4.2%
Expenditures 457,911 421,158 613,472 192,314 45.7%
Net Revenues Less Expenditures (9,026)73,292 (139,698)
Golf Complex
Revenues 7,478,545 1,543,021 4,739,718 3,196,697 207.2%
Expenditures 2,105,743 1,626,507 1,403,591 (222,915)-13.7%
Net Revenues Less Expenditures 5,372,802 (83,485)3,336,127
2018 and 2020 include proceeds from the sale of land of $6.0m and $3.7m, respectively.
Fleet Services
Revenues 2,939,383 4,909,637 3,168,012 (1,741,626)-35.5%
Expenditures 3,001,881 3,800,495 3,597,052 (203,443)-5.4%
Net Revenues Less Expenditures (62,499)1,109,142 (429,040)
Central Services
Revenues 231,331 211,303 158,384 (52,919)-25.0%
Expenditures 241,188 196,798 142,156 (54,642)-27.8%
Net Revenues Less Expenditures (9,857)14,505 16,228
Debt Service Funds
Enterprise Funds
Internal Service Funds
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July 2020 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2020-2019
Variance
Information Technology
Revenues 4,850,916 5,611,603 5,184,422 (427,181)-7.6%
Expenditures 4,607,584 5,139,544 5,600,162 460,619 9.0%
Net Revenues Less Expenditures 243,332 472,059 (415,740)
Facilities
Revenues 2,875,801 3,090,545 3,098,549 8,004 0.3%
Expenditures 2,347,753 2,456,043 2,547,701 91,658 3.7%
Net Revenues Less Expenditures 528,048 634,503 550,848
Unemployment
Revenues 89,881 95,579 95,297 (282)-0.3%
Expenditures 100,269 126,999 83,485 (43,514)-34.3%
Net Revenues Less Expenditures (10,388)(31,420)11,812
Workers Compensation
Revenues 670,939 710,328 865,672 155,344 21.9%
Expenditures 611,740 686,206 722,881 36,675 5.3%
Net Revenues Less Expenditures 59,199 24,122 142,791
Employee Health & Wellness
Revenues 8,226,052 8,956,763 9,088,515 131,752 1.5%
Expenditures 7,893,470 7,672,222 7,383,526 (288,696)-3.8%
Net Revenues Less Expenditures 332,582 1,284,541 1,704,990
Liability Insurance
Revenues 980,090 1,250,966 1,486,168 235,202 18.8%
Expenditures 1,623,049 1,762,252 1,375,037 (387,215)-22.0%
Net Revenues Less Expenditures (642,959)(511,286)111,131
Property Insurance
Revenues 347,099 1,083,081 338,949 (744,132)-68.7%
Expenditures 599,762 1,003,628 858,354 (145,274)-14.5%
Net Revenues Less Expenditures (252,663)79,453 (519,405)
0
10,000,000
20,000,000
30,000,000
40,000,000
50,000,000
60,000,000
70,000,000
Special Revenue
Funds
Enterprise
Funds
Internal Service
Funds
Other Fund Revenues thru July
2018
2019
2020
0
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
40,000,000
45,000,000
Special
Revenue Funds
Enterprise
Funds
Internal Service
Funds
Other Fund Expenditures thru July
2018
2019
2020
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: September 8, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills.
SUMMARY:
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: September 8, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Extending the Square Footage Component of the
City's B&O Tax to Include Outdoor Warehousing Activities -
Adopt
MOTION: Adopt Ordinance No. 4368 amending Section 3.28.050 of the
Kent City Code to extend the square footage component of the City of Kent
business and occupation tax to include outdoor warehousing activities.
SUMMARY:
This proposed amendment to the square footage component of the City’s business
and occupation tax (“B&O tax”) will become effective January 1, 2021 and is
primarily designed to promote taxpayer equity between businesses that conduct
certain warehousing activities outside of their facilities and those businesses that do
not conduct these activities.
Effective January 1, 2013, the City implemented a municipal B&O tax due to other
taxes being decreased or shifted to other local governments due to state legislative
action. The B&O tax is comprised of the higher of two interactive components:
Gross Receipts and Square Footage. Typically, the B&O tax for businesses with
extensive warehousing operations is comprised of the square footage component.
The square footage component is designed to equitably tax businesses based on
their physical size and use of buildings. Over the past two years the City identified
an inequity in the square footage component. Specifically, this component was only
applied to operations that were conducted within facility walls, despite many
business operations being conducted in outdoor settings. Regardless of whether a
business conducts its operations within the confines of four walls or in a commercial
yard, it requires the City to provide the same services and amenities.
The proposed ordinance amends the City’s square footage component of the B&O
tax to ensure that all warehousing activities, including transloading goods between
vehicles, are subject to the same tax rate. This ordinance establishes a six-acre
threshold (361,360 square feet) above which specific areas of the property used for
warehousing activities will be subject to outdoor square footage tax. Many outdoor
areas not used for warehousing activities will remain untaxed. This ordinance does
not change the rate of the City’s B&O tax.
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The City conducted an extensive outreach program to businesses potentially
impacted by this proposed change. This outreach included two letters dated May
20, 2020 and June 29, 2020 to each potentially impacted business which explained
the nature and reasoning behind this proposed change and included an invitation to
meet with the City. Information at the individual business level is excluded from
this transmittal due to confidentiality requirements established in KCC 3.29.200.
BUDGET IMPACT: Estimated $2.1 million in B&O Tax Square Footage revenue.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Draft Ordinance (PDF)
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1 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
ORDINANCE NO. 4368
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
3.28.050 of the Kent City Code to extend the square
footage component of the City of Kent business and
occupation tax to include outdoor warehousing
activities.
RECITALS
A. The City has developed into a major manufacturing and
warehousing hub. As the City Council noted when it first adopted business
and occupation (B&O) and square footage taxes, changes in sales tax and
property tax laws prevent the City from receiving sufficient revenue from
warehousing activities to support the transportation infrastructure needed
to serve those activities.
B. While typical warehousing activities occurring within a
confined, indoor structure have always been subject to the City’s square
footage tax, similar activities conducted outdoors have not. The simple fact
that some goods and commodities do not require indoor storage has
resulted in similar business activities being taxed differently.
C. This ordinance amends the City’s square footage tax provisions
to ensure that all warehousing activities, regardless of whether they are
conducted indoors or outside, are subject to the same tax rate. It will also
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ensure that those businesses conducting outdoor warehousing operations,
such as transloading goods between modes of transportation, are paying
their fair share to maintain, repair, and operate the City’s transportation
and infrastructure network.
D. The extension of these taxes is intended to generate necessary
additional revenue to maintain, repair, and operate the City’s transportation
network, and in order to fairly allocate the cost of maintaining that
infrastructure to those business entities that contribute most to the use and
degradation of City streets.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 3.28.050. Section 3.28.050 of the
Kent City Code, related to City business and occupation taxes and entitled
“Imposition of the tax – Tax or fee levied”, is hereby amended as follows:
Sec. 3.28.050. Imposition of the tax – Tax or fee levied. Except
as provided in subsection (C) of this section, there is hereby levied upon and
shall be collected from every person a tax for the act or privilege of engaging
in business activities within the city, whether the person’s office or place of
business be within or without the city. The tax shall be in amounts to be
determined by application of rates against the gross proceeds of sale, gross
income of business, or value of products, including byproducts, and by
application of rates against the square footage of business office or facility
space within the city, as the case may be, as follows:
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Re: Outdoor Warehousing
A. Gross receipts tax.
1. Upon every person engaging within the city in business as an
extractor; as to such persons the amount of the tax with respect to such
business shall be equal to the value of the products, including byproducts,
extracted within the city for sale or for commercial or industrial use,
multiplied by the rate of 0.152 hundredths of one percent (0.00152) through
December 31, 2021, and multiplied by the rate of 0.200 hundredths of one
percent (0.002) effective January 1, 2022. The measure of the tax is the
value of the products, including byproducts, so extracted, regardless of the
place of sale or the fact that deliveries may be made to points outside the
city.
2. Upon every person engaging within the city in business as a
manufacturer, as to such persons, the amount of the tax with respect to
such business shall be equal to the value of the products, including
byproducts, manufactured within the city, multiplied by the rate of 0.046
hundredths of one percent (0.00046) through December 31, 2021, and
multiplied by the rate of 0.100 hundredths of one percent (0.001) effective
January 1, 2022. The measure of the tax is the value of the products,
including byproducts, so manufactured, regardless of the place of sale or the
fact that deliveries may be made to points outside the city.
3. Upon every person engaging within the city in the business of
making sales at wholesale, as to such persons, the amount of tax with
respect to such business shall be equal to the gross proceeds of such sales
of the business without regard to the place of delivery of articles,
commodities or merchandise sold, multiplied by the rate of 0.152
hundredths of one percent (0.00152) through December 31, 2019, and
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multiplied by the rate of 0.200 hundredths of one percent (0.002) effective
January 1, 2020.
4. Upon every person engaging within the city in the business of
making sales at retail, as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of such sales of the
business, without regard to the place of delivery of articles, commodities or
merchandise sold, multiplied by the rate of 0.046 hundredths of one percent
(0.00046) through December 31, 2021, and multiplied by the rate of 0.100
hundredths of one percent (0.001) effective January 1, 2022.
5. Upon every person engaging within the city in the business of
(a) printing, (b) both printing and publishing newspapers, magazines,
periodicals, books, music, and other printed items, (c) publishing
newspapers, magazines and periodicals, (d) extracting for hire, and (e)
processing for hire; as to such persons, the amount of tax on such business
shall be equal to the gross income of the business multiplied by the rate of
0.046 hundredths of one percent (0.00046) through December 31, 2021,
and multiplied by the rate of 0.100 hundredths of one percent (0.001)
effective January 1, 2022.
6. Upon every person engaging within the city in the business of
making sales of retail services; as to such persons, the amount of tax with
respect to such business shall be equal to the gross proceeds of sales
multiplied by the rate of 0.152 hundredths of one percent (0.00152) through
December 31, 2021, and multiplied by the rate of 0.200 hundredths of one
percent (0.002) effective January 1, 2022.
7. Upon every other person engaging within the city in any
business activity other than or in addition to those enumerated in the above
subsections; as to such persons, the amount of tax on account of such
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activities shall be equal to the gross income of the business multiplied by
the rate of 0.152 hundredths of one percent (0.00152) through December
31, 2021, and multiplied by the rate of 0.200 hundredths of one percent
(0.002) effective January 1, 2022. This subsection includes, among others,
and without limiting the scope hereof (whether or not title to material used
in the performance of such business passes to another by accession, merger,
or other than by outright sale), persons engaged in the business of
developing or producing custom software or of customizing canned software,
producing royalties or commissions, and persons engaged in the business of
rendering any type of service which does not constitute a sale at retail, a
sale at wholesale, or a retail service.
B. Square footage tax. Upon every person who leases, owns, occupies,
or otherwise maintains an office, warehouse, outdoor warehouse, or other
place of business within the city for purposes of engaging in business
activities in the city, the tax shall be measured by the number of square feet
of business warehouse business floor space, outdoor warehouse space, or
other business floor space for each office, warehouse, outdoor warehouse,
or other place of business leased, owned, occupied, or otherwise maintained
within the city during the reporting period, calculated to the nearest square
foot.
1. Subject to the reductions established in subsection (B)(8)(6) of
this section, the amount of the tax due shall be equal to the sum of the
number of square feet of business warehouse floor space and outdoor
warehouse space for each business warehouse or outdoor warehouse leased,
owned, occupied, or otherwise maintained within the city multiplied by the
rate for each calendar year listed below, and the number of square feet of
other business floor space for each office or other place of business leased,
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Re: Outdoor Warehousing
owned, occupied, or otherwise maintained within the city multiplied by the
rate for each calendar year listed below.
Effective
Date
Business Warehouse Floor
Space/Outdoor Warehouse Space
Other Business Floor
Space
1/1/2019 0.06 quarterly rate
0.24 annual rate
0.02 quarterly rate
0.08 annual rate
1/1/2020 0.09 quarterly rate
0.36 annual rate
0.02 quarterly rate
0.08 annual rate
1/1/2025 0.12 quarterly rate
0.48 annual rate
0.02 quarterly rate
0.08 annual rate
1/1/2028 0.15 quarterly rate
0.60 annual rate
0.03 quarterly rate
0.12 annual rate
2. For purposes of this section, business warehouse means a
building or structure, or any part thereof, in which goods, wares,
merchandise, or commodities are received or stored, whether or not for
compensation, in furtherance of engaging in business.
3. For purposes of this section, outdoor warehouse means an area
that is outdoors and is primarily used for the transloading of goods, wares,
merchandise, or commodities on property for purposes of switching modes
or vehicles of conveyance for the primary purpose of wholesaling,
distributing, or re-organizing goods, wares, merchandise, or commodities en
route to final destinations of sale or other transaction. Transloading
generally involves the transfer of goods from one mode of transportation to
another en route to an ultimate destination and, for purposes of the square
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Re: Outdoor Warehousing
footage tax, includes areas used for crossdocking, waylaying, temporary
embarkment, and other similar activities.
34. For purposes of this section, other business floor space means
the floor space of an office or place of business, other than a business
warehouse or outdoor warehouse.
45. For purposes of this section, the square footage of a business
warehouse and other business floor space shall be computed by measuring
to the inside finish of permanent outer building walls and shall include space
used by columns and projections necessary to the building. Square footage
shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts,
heating or ventilation shafts, janitor closets, and electrical or utility closets.
6. For purposes of this section, the square footage of an outdoor
warehouse shall only include those areas used for the receipt or storage of
goods, wares, merchandise, or commodities that are being received and
temporarily stored for transloading, whether or not for compensation, in
furtherance of engaging in business. Such areas will typically include those
areas where goods, wares, merchandise, and commodities, in transit to their
ultimate destination, are parked, packaged, or stored after transloading,
waylaying, or crossdocking. Square footage shall not include areas used only
for employee, customer, or visitor parking, dock high loading areas used
primarily for a business warehouse, buildings, areas used only for direct
sales or rentals to consumers, landscaped areas, stormwater facilities,
maneuvering areas and drive aisles, areas used only for garbage or recycling
pickup, rights-of-way, or other areas clearly not used for the temporary
storage of goods, wares, merchandise, and commodities in transit. Outdoor
areas used for storage of agricultural products or for ancillary storage of
materials utilized in, or products resulting from, onsite manufacturing
operations are not considered outdoor warehouses.
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57. Persons with more than one office, business warehouse,
outdoor warehouse, or other place of business within the city must include
all business warehouse floor space, outdoor warehouse space, and other
business floor space for all locations within the city. When a person rents
space to another person, the person occupying the rental space is
responsible for the square footage business tax on that rental space only if
the renter has exclusive right of possession in the space as against the
landlord. Space rented for the storage of goods in a warehouse or outdoor
warehouse where no walls or other barriers separate the goods, and where
the exclusive right of possession in the space is not held by the person to
whom the space is rented, shall be included in the business warehouse
business floor space of the person that operates the business warehouse
business, and not by the person renting the warehouse space.
68. If the square footage tax imposed in this subsection (B) is less
than or equal to the gross receipts tax imposed in subsection (A) of this
section, no square footage tax will be due; if the square footage tax imposed
in this subsection (B) exceeds the gross receipts tax imposed in subsection
(A) of this section, the taxpayer shall also remit the excess over the gross
receipts tax payable under subsection (A) of this section.
C. Gross receipts and square footage threshold.
1. Gross receipts threshold. The gross receipts tax imposed in
subsection (A) of this section shall not apply to any person engaging in any
one or more business activities which are otherwise taxable pursuant to this
section, whose value of products, including byproducts, gross proceeds of
sales, and gross income of the business, as the case may be, from all
activities conducted within the city during any calendar year does not exceed
the threshold amount of $250,000.
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2. Square footage threshold. The square footage tax imposed in
subsection (B) of this section shall not apply to any person unless that
person’s total floor area of business space within the city exceeds one of the
following thresholds:
a. 4,000 Four thousand taxable square feet of business
warehouse space; or
b. 261,360 taxable square feet (six acres) of outdoor
warehouse space; or
bc. 12,000 Twelve thousand taxable square feet of other
business floor space.
If the square footage tax applies, it applies to all business space leased,
owned, occupied, or otherwise maintained by the taxpayer during the
applicable reporting period.
D. Gross receipts maximum – Retailing activities. Effective January 1,
2022, the gross receipts tax imposed in subsection (A) of this section shall
not apply to retailing activities exceeding $20,000,000 in any calendar year
which are otherwise taxable pursuant to this section.
E. Rules. The director may promulgate rules and regulations regarding
the manner, means, and method of calculating any tax imposed under this
section.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
4.6.a
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10 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and be
in force five days from and after its publication as provided by RCW
35A.11.090 and RCW 35A.12.130; however, the square footage tax on
outdoor warehousing operations implemented in this ordinance will not take
effect and the City will not impose this tax until January 1, 2021.
September 15, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
September 15, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
September 18, 2020
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.6.a
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