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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 Packet Pg. 3 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) 4.1 Packet Pg. 4 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 4.1.a Packet Pg. 5 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 4.1.a Packet Pg. 6 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 4.1.a Packet Pg. 7 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) CITY OF KENT By: Title: Date Date Q-zno7A 1 By By Date Final Settlement Agreement - Page 4 of 4 4.1.a Packet Pg. 8 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 ultg / o/lr+/tur1 4.1.a Packet Pg. 9 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) EXHIBIT A-1 PARCEL # 0722059020 S 218TH ST N LrNE S112 N1/2 SE1/4 SEG. 7 b(e, I 56.00' o uJ otrc)o) 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 Packet Pg. 10 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 lol24/.Pt? 4.1.a Packet Pg. 11 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) EXHIBIT B-1 PARCEL # 0722059020 56.00'S 218TH ST NORTH LINE S1/2 N1/2 SE1/4 SEC. 7 o(Y) 61.00' a UI ou(v) o) 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 Packet Pg. 12 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 {d't e-t'3 4.1.a Packet Pg. 13 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) EXHIBIT C-1 ro s 218TH ST -or0 tfln \- r I d o ltJ ou(Y' ct) POINT OF BEGINNING rool (v, (\t lrl:NN 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 Packet Pg. 14 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 C\ l,-t ^.-4nO-tJ")o.t-t-t 4.1.a Packet Pg. 15 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) EXHIBIT D.1 'f|ot s 218TH ST -(o ro \- F 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' o UJ otr (Y) o) LOT 1 CITY OF KENT SHORT PLAT NO. SP-96-,I3 PARCEL # 8802400020 og? {N lrJ:N s{ oo oz I I 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 Packet Pg. 16 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 17 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 18 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 4.1.a Packet Pg. 19 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 20 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 21 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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. utlo lo/lrl/]ur1 4.1.a Packet Pg. 22 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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. rlo /A/.pt?o 4.1.a Packet Pg. 23 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) EXHIBIT B 1,619 SQ. FT PARCEL # n-7aa1Ef]...^r vr z<vugvav NORTH sEc. 7 I(n 56.00' @ lrJ 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 Packet Pg. 24 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 IJJ ou (v) ctr 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 4.1.a Packet Pg. 25 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 4.1.a Packet Pg. 26 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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. 4.1.a Packet Pg. 27 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 4.1.a Packet Pg. 28 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 4.1.a Packet Pg. 29 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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. 4.1.a Packet Pg. 30 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 4.1.a Packet Pg. 31 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 4.1.a Packet Pg. 32 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 33 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 4.1.a Packet Pg. 34 At t a c h m e n t : F i n a l S e t t l e m e n t A g r e e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 35 At t a c h m e n t : D r a i n a g e E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 36 At t a c h m e n t : D r a i n a g e E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 37 At t a c h m e n t : D r a i n a g e E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 38 At t a c h m e n t : D r a i n a g e E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 R D A V E 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 Packet Pg. 39 At t a c h m e n t : D r a i n a g e E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 40 At t a c h m e n t : A c c e s s E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 41 At t a c h m e n t : A c c e s s E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 42 At t a c h m e n t : A c c e s s E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 43 At t a c h m e n t : A c c e s s E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 44 At t a c h m e n t : A c c e s s E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 45 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d 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 Packet Pg. 46 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d 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 Packet Pg. 47 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d 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 Packet Pg. 48 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d 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 Packet Pg. 49 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d 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 Packet Pg. 50 At t a c h m e n t : W a r r a n t y D e e d ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 51 At t a c h m e n t : W a r r a n t y D e e d ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 52 At t a c h m e n t : W a r r a n t y D e e d ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 53 At t a c h m e n t : W a r r a n t y D e e d ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) EXHIBIT C Rainier Title Order Number 695390RT Schedule B, Part II, Paragraphs 12 through 26 4.1.e Packet Pg. 54 At t a c h m e n t : W a r r a n t y D e e d ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 4.1.e Packet Pg. 55 At t a c h m e n t : W a r r a n t y D e e d ( 2 4 0 3 : S o u t h 2 2 4 t h S t r e e t P r o j e c t P h a s e I I D r a i n a g e E a s e m e n t , A c c e s s E a s e m e n t , T C E , a n d R O W ) 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 Packet Pg. 58 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 2 of 9 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 Packet Pg. 59 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 3 of 9 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 Packet Pg. 60 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 4 of 9 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 Packet Pg. 61 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 5 of 9 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 Packet Pg. 62 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 6 of 9 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 Packet Pg. 63 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 7 of 9 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 Packet Pg. 64 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 8 of 9 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 Packet Pg. 65 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____ Real Estate Purchase and Sale Agreement Page 9 of 9 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 Packet Pg. 66 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 67 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 4.2.a Packet Pg. 68 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 69 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 70 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 71 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 72 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 73 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 74 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 75 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 76 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 77 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) (CONTINUED ON NEXT PAGE) Page 1 of 2 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) 4.2.a Packet Pg. 78 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Page 2 of 2 (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: _______________________) 4.2.a Packet Pg. 79 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) Old Republic National Title Insurance Company Order No. 5207167464 4.2.a Packet Pg. 80 At t a c h m e n t : P h i l l i p s E x h i b i t s ( 2 4 0 4 : C l a r k S p r i n g s H a b i t a t C o n s e r v a t i o n M e a s u r e - P r o p e r t y P u r c h a s e - A u t h o r i z ) 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 Packet Pg. 81 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 Packet Pg. 82 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 Page 1 of 14 4.4.a Packet Pg. 83 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 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 $500,000. Variance Notes Property Taxes 30% Sales Taxes 20% Utility Taxes 19% B&O Taxes 13% Other Taxes 0.4% Licenses and Permits 6% Intergovernmental 3% Charges for Services 4% Fines and Forfeits 1% Misc & Transfers In 4% Other 12% 2020 Estimated General Fund Revenues Page 2 of 14 4.4.a Packet Pg. 84 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) Prior Year Revenues Budgeted Revenues Actual Revenues January 6,139 6,123 6,877 February 5,923 5,450 5,736 March 7,624 8,104 6,774 April 20,431 18,172 16,925 May 9,230 7,857 8,588 June 6,226 6,446 7,691 July 8,682 7,866 6,376 August 6,437 5,826 0 September 7,074 7,119 0 October 21,274 18,654 0 November 8,154 7,403 0 December 12,620 10,429 0 Total 119,813 109,451 58,967 Prior Year Revenues Budgeted Revenues Actual Revenues January 0 12 0 February 262 237 247 March 866 890 1,461 April 12,268 12,635 9,328 May 2,730 2,110 3,199 June 128 131 2,242 July 87 110 196 August 80 106 0 September 842 652 0 October 11,573 11,685 0 November 1,688 1,657 0 December 208 233 0 Total 30,732 30,458 16,672 Prior Year Revenues Budgeted Revenues Actual Revenues January 2,060 1,574 2,158 February 2,485 1,940 2,425 March 2,058 1,564 2,143 April 1,788 1,484 1,929 May 2,244 1,758 1,959 June 1,765 1,487 2,127 July 2,331 1,702 639 August 2,540 1,898 0 September 2,310 1,736 0 October 2,532 1,787 0 November 2,589 1,916 0 December 2,418 2,005 0 Total 27,121 20,849 13,381 July 2020 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ 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 $30,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 20 Bud 19 Act 20 Act Page 3 of 14 4.4.a Packet Pg. 85 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) July 2020 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ 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 Page 4 of 14 4.4.a Packet Pg. 86 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 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 Page 5 of 14 4.4.a Packet Pg. 87 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 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 Page 6 of 14 4.4.a Packet Pg. 88 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 2018 2019 2020 % of 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 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 Property Taxes Sales & Use Taxes Utility Taxes Other Revenues GF 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 Police Parks *General Govt. ECD Non-Dept & Other GF Expenditures thru July 2018 2019 2020 Page 7 of 14 4.4.a Packet Pg. 89 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 2020 2020 2020 2020 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 Page 8 of 14 4.4.a Packet Pg. 90 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 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 Page 9 of 14 4.4.a Packet Pg. 91 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 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. 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 Page 10 of 14 4.4.a Packet Pg. 92 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 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. 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 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 2017 Actuals 2018 Actuals 2019 Budget 2019 Est. Actuals Other Fund Revenues Special Revenue Funds Enterprise Funds Internal Service Funds 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 General Fund Special Revenue Funds Enterprise Funds Internal Service Funds 2020 Estimated Fund Balances Beginning Balance Estimated Ending Balance 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 90,000,000 100,000,000 2017 Actuals 2018 Actuals 2019 Budget 2019 Est. Actuals Other Fund Expenditures Special Revenue Funds Enterprise Funds Internal Service Funds Page 11 of 14 4.4.a Packet Pg. 93 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 2018 2019 2020 thru July thru July thru July 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 Page 12 of 14 4.4.a Packet Pg. 94 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 2018 2019 2020 thru July thru July thru July 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 Page 13 of 14 4.4.a Packet Pg. 95 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 2018 2019 2020 thru July thru July thru July 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 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 Page 14 of 14 4.4.a Packet Pg. 96 At t a c h m e n t : J u l y 2 0 2 0 C o n s o l i d a t e d M o n t h l y R e p o r t ( 2 4 0 5 : O N L Y : J u l y F i n a n c i a l R e p o r t ) 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: 4.5 Packet Pg. 97 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. 4.6 Packet Pg. 98 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) 4.6 Packet Pg. 99 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 4.6.a Packet Pg. 100 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 2 Amend KCC 3.28.050 - Re: Outdoor Warehousing 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: 4.6.a Packet Pg. 101 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 3 Amend KCC 3.28.050 - 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 4.6.a Packet Pg. 102 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 4 Amend KCC 3.28.050 - Re: Outdoor Warehousing 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 4.6.a Packet Pg. 103 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 5 Amend KCC 3.28.050 - Re: Outdoor Warehousing 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, 4.6.a Packet Pg. 104 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 6 Amend KCC 3.28.050 - 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 4.6.a Packet Pg. 105 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 7 Amend KCC 3.28.050 - 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. 4.6.a Packet Pg. 106 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 8 Amend KCC 3.28.050 - Re: Outdoor Warehousing 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. 4.6.a Packet Pg. 107 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 9 Amend KCC 3.28.050 - Re: Outdoor Warehousing 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 Packet Pg. 108 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r 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 Packet Pg. 109 At t a c h m e n t : D r a f t O r d i n a n c e ( 2 4 0 7 : O r d i n a n c e E x t e n d i n g t h e S q u a r e F o o t a g e C o m p o n e n t o f t h e C i t y ' s B & O T a x t o I n c l u d e O u t d o o r