HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 9/15/2020
KENT CITY COUNCIL AGENDAS
Tuesday, September 15, 2020
7:00 PM
THIS IS A REMOTE MEETING
Due to COVID-19 and Health Safety Requirements,
and by Order of the Governor
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 988 0910 1906
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
**************************************************************
COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Proclamation for Diaper Need Awareness Week
2. Proclamation for Odom Corporation Appreciation Week
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
City Council Meeting City Council Regular Meeting September 15, 2020
C. Councilmember's Reports
6. PUBLIC HEARING
A. First Public Hearing on the 2021-2022 Biennial Budget
B. First Public Hearing on the 2021-2026 Capital Improvement Program
7. PUBLIC COMMENT
During the coronavirus emergency the public will not have the
opportunity to provide live comment. Written comments may be
submitted to Citycouncil@KentWA.gov, or someone wishing to submit
a comment may call 253-856-5700.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Sep 1, 2020 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Sep 1, 2020 7:00
PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Sep 8, 2020 4:00 PM
B. Payment of Bills
C. South 224th Street Project Phase II Drainage Easement, Acces Easement,
Temporary Construction Easement, and Right-of-Way Acquisition -
Authorize
D. Clark Springs Habitat Conservation Measure - Property Purchase -
Authorize
E. Ordinance Extending the Square Footage Component of the City's B&O
Tax to Include Outdoor Warehousing Activities - Adopt
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
12. 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.
Whereas,
Whereas,
Whereas,
Whereas,
Whereas,
Whereas,
Whereas,
PROCLAMATION
diaper need, the condition of not having a sufficient supply of clean
diapers, can adversely affect the health and well-being of babies,
toddlers, and their families; and
national surveys and research studies report that one in three families
struggles with diaper need and 48 percent of families delay changing a
diaper to extend their supply; and
children go through six to twelve diapers each day and without enough
diapers, babies and toddlers risk infections and health problems; and
purchasing enough diapers to keep a baby or toddler clean, dry, and
healthy can consume 14 percent of a low-wage family's post-tax
income, making it difficult to obtain a sufficient supply; and
the people of Kent recognize diaper need as a public health issue,
disproportionately harming black fam il ies, indigenous fam i lies, a nd
families of color, and acknowledge that addressing diaper need will
lead to more equitable economic opportunities and improved health for
all children; and
westside Baby and Eastside Baby corner served on the front lines of
Kent's COVID-19 pandemic response, helping families in our
communities weather the crisis; and
Kent is proud to be home to trusted community-based organizations
that recognize the importance of diapers in ensuring health and
providing economic stability for families and thus distribute diapers to
families through various channels;
NOW THEREFORE, I, Dana Ralph, Mayor of the city of Kent, do hereby proclaim the
week of September 21 through September 27, 2O2O as
DIAPER NEED AWARE'VESS WEEK
in the city of Kent, thank the aforementioned diaper banks, their staff, volunteers
and donors, for their courageous service during the crisis, and encourage the citizens
of Kent to donate generously to diaper banks, diaper drives, and those organizations
that collect and distribute diapers to those struggling with diaper need, so that all of
Kent's children and families can thrive and reach their full potential.
Signed this 15th day of September, Z02O
Dana Ralph
Mayor
KENT
WASHtNGToN
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WHEREAS,
WHEREAS,
WHEREAS,
PROCLAMATION
the purpose of this proclamation is to honor The Odom Corporation for their 86years as a local, family owned business within our community. As a
neighborhood beverage distributor, The Odom Corp ensures refreshment is
delivered to our city every single day. With 24g local employees in Kent, The
Odom Corp ensures that a dedicated workforce and transportation infrastructure
is the driving force within their environment to build a cohesive network to
support their Washington neighbors; and
since its start in Juneau, Alaska in 1934, The odom corp has rapidly expanded
its local footprint to nine locations in Washington, including Kent; and
The Odom Corp is fortunate to benefit from local hiring, having hired 105
graduates from 37 local colleges within Washington this past year. Overall,
Odom Corp is honored to employ 331 active alumni from local Washington
colleges; and
WHEREAS,to further support local education, Odom Corp financially supports three local
scholarships that have awarded Washington graduates with a total of 940,000 to
be used for their college needs; and
WHEREAS, Odom outfitted their Washington faciiities with bailers, recyclers, and office
recycling receptacles to ensure team members are sustainably engaging while
continuously considering how to properly manage their footprint; and
WHEREAS, these implementations have allowed Odom Corp along with their 24g local team
members to better serve this community. The forefront of their focus is their local
neighbors and community events that strengthen our state. Odom Corp- continually supports local events through volunteer work; and
WHEREAS, to better support their internal Odom Corp team members, Odom built a traditionof recognition and training to adapt to growing needs. Their employees are
continually honored in annual employee appreciation events and truck rodeos.
NOW, THEREFORE l, Dana Ralph, Mayor of Kent, do hereby proclaim the week of September
21 through 27,2020 as
Odom Corporation appreciation week
ln Kent Washington and recognize The Odom Corporatioh for their 86 years of service to the
community in honoring the traditions that have built this state and company to further strengthen
our people
ln witness whereof, I have hereunto set my hand this 1Sth day of September,2020.
KENT
WASHTNGToN
Mayor Dana Ral
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Administration
• We expect to share two equity-related
items with the City Council on September
22. The first item is a matrix that
prioritizes and sequences an ambitious list
of equity initiatives the Mayor, City Council,
and Executive Leadership Team have
developed in recent months. The second is
a draft resolution that sets forth the
Council’s expectations in the equity space.
The resolution will be based in large part
on councilmembers’ one-on-one
conversations with the police chief last
month.
• The Mayor’s Office and Finance Department
will share the Mayor’s final decisions about
the 2021-22 operating and capital budgets
with department directors the week of
September 14. The mayor will present her
proposed budget to the city council on
September 29.
Communications
• Thank you to the incredible volunteers,
staff and partners that made the PPE and
food box distribution event on August
28 at ShoWare Center such a huge
success. We opened up early around 9:30
AM, and were able to service thousands of
families with face masks, hand sanitizer
and produce boxes by the time we closed
down around 2:30 PM. We are so proud of
our community for coming together during
this challenging time to make these
resources available to our residents and
Kent families.
• Congratulations to the Communications
and Multimedia team with a special shout
out to Alex and Steve! They were
nominated for three national awards from
NATOA (National Association of
Telecommunications Officers and Advisors)
recognizing their video work and they came
in 1st place for all three awards! Their
videos highlighted the Lunar Rover
Festival, the Parks Hiring video and Shop
with a Cop!
Clerk’s Office
• The Clerk’s Office recently created a “City
Fees” page on KentWA.gov. This page
contains links to all department fees.
Hopefully this page will make it more
convenient for the public to locate
applicable City fees.
• The Clerk’s Office, along with the
Information Technology Department,
recently celebrated the completion of staff
training on the new procurement card
process for use in Laserfiche (new
electronic records management system).
Staff can now begin scanning their receipts
and statements into Laserfiche and
abandon using Oracle. This is a step
towards converting all City documents from
Oracle to Laserfiche.
• The City Clerk’s Office responded to 431
public records requests, reviewed over 54
hours of body worn camera video and
processed 56 contracts during the month of
August.
ADMINISTRATION
September 15, 2020
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Long Range Planning
• Staff has reengaged with the King County
Climate Change Coalition (K4C). K4C is an
interjurisdictional committee focused on
climate action and climate policy. A K4C
elected officials workshop is being held on
October 8, 2020, to discuss the group’s
legislative agenda and forthcoming climate
policy tools. The work being completed by
K4C and Kent staff in the coming months
will significantly aid in future climate-
related updates to development regulations
and the comprehensive plan.
Economic Development
• Along with representatives and directors
from UW GEAR UP, a program working in
Kent School District, the UW Washington
Space Grant Consortium, Green River
College, the Aerospace Joint Apprenticeship
Committee (AJAC), the State Department
of Commerce and the Museum of Flight,
staff are brainstorming concepts to pitch
for a new federal grant for STEM promotion
from the Economic Development
Administration.
• Staff continues to participate in early stage
calls led by Sound Transit development
officials regarding eventual marketing
strategy for surplus construction properties
on Kent’s west hill.
• Staff participated in an Industry
Engagement Committee of the Workforce
Development Council of Seattle Council, as
that organization develops new data tables
organized by industry type to inform policy
decisions across jurisdictions.
• The CFO of an Alaskan manufacturing firm
looking to relocate reached out to staff
recently for a phone chat. The company
was impressed by the Kent Valley
website—specifically the collaboration
between the valley cities—and talked about
the region’s locational benefits. They
committed to being in touch over the next
three months regarding their move planned
for 2021. While they are also considering
Norfolk Virginia, the lead generation is
proof of concept for search engine
optimization and the messaging approach
undergirding the Kent Valley website.
• On that note, staff will reconvene soon with
current website partners Tukwila and
Pacific, to negotiate their continued support
and discuss inviting other Kent Valley cities
to join the team.
Development Engineering
• In addition to permit fees, to date in 2020
Development Engineering have approved
permits that have collected $631,232 in
transportation impact fees, $779,989 in
water system development charges and
$568,977 in drainage system development
charges.
• Staff are working with King County Metro
to advance the 30% design of the street
improvements needed to accommodate the
new Rapid Ride I-Line transit service,
which will serve portions of the valley and
east hill.
• Work with Kelly Peterson on the FWLE
Sound Transit plans and permits continues
to be a primary focus for our senior
engineer.
• Staff and other departments along with
contractor Vision 33, continue the work to
refine the structure and function of the new
permitting software Amanda.
• The Tax Division is creating reports that
will reflect the top businesses providing
City of Kent admissions tax, business and
occupation tax, gambling tax and utility tax
revenues at the individual taxpayer
level. In accordance with KCC 3.29.200,
these reports are confidential and will only
be available to authorized personnel
through a separate system “S” Drive
folder. Similar to a long-established
internal audit, excise tax reports are
designed to provide valuable information
for various purposes including, but not
limited to: accountability, budget and
Economic Development activities.
• Customer Service expects an increase to
call volumes and email correspondence as
a result of an insert included with the
August utility statements. The insert
explained that we are not currently adding
ECONOMIC AND COMMUNITY
DEVELOPMENT
FINANCE
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late fees or turning off water service in
accordance with Governor Proclamation 20-
23 and as part of our Customer Support
Program. The insert was also created to
encourage customers with a past-due
balance to contact Customer Service to set
up a payment arrangement. We have seen
a steady increase in the numbers of
delinquent utility accounts since March
2020.
• The Workday Project has completed the
last day of “Data Conversion” for the first
parallel testing to begin on Sep 8. All of
Payroll’s tasks and files have been
completed on time. Even though the
Payroll Team is down one member, who is
on leave, the team has pulled together to
complete the implementation tasks while
also producing accurate payroll. As we
enter into the first parallel testing next
week, the team is poised and ready to
jump right in and assist each other when
needed.
Parallel testing – Workday & JDE
Telestaff – deployment, training, integration
with Workday
Recruiting
• Deputy Director and Systems Operations
Engineer in IT
• Property Services Tech open in PW
• Scheduling interviews for accounting and
reporting manager and senior accountant
in Finance
Labor
• AFSCME Labor Management
• Step 3 Grievance (AFSCME) – Shift bidding
Benefits
• Insurance renewal discussions
• Increased number of leave management
cases and several contact tracing efforts
related to potential COVID 19 exposures
Risk
• Continuing to work with Employment
Security Department (ESD) and Parks for
Shared Work program
• Received notification of 6 new fraudulent
unemployment claims
• Insurance renewal discussions
Information Technology Projects
• WebQA Replacement (KentWorks) - In
order to increase employee productivity,
improve resident ease of use, and provide
faster turnaround, the City is looking to
upgrade or replace the current request
application, WebQA, with a Cloud based
mobile friendly service request platform.
• Laserfiche Mass Conversion - This project
will deliver the replacement for the current
imaging system which consists of
Captovation/eCapture for scanning and
imaging, and Oracle IPM for image storage
and retrieval. Replacement of the aging
imaging system will also provide
opportunities for delivering enhanced
capabilities and efficiencies to the city in
areas such as a self-service web-based
portal to support public records requests,
electronic forms and process automation,
and review/clean-up of the existing
repository.
Information Technology operational support
for August 30, 2020 to September 08, 2020
• Number of tickets opened – 108
• Number of tickets closed – 199
Enterprise GIS
General:
• Working with Parks to help inventory City
of Kent Park parcels
• Continue to update and normalize city
addressing database
• Creating professional services agreements
for rearchitecting of the GIS Enterprise
system
• Creating a new Enterprise GIS ticketing
system for customer intake of requests
Weekly Customer Service Requests:
• Continued research to provide data for
Utility Billing
• Working with Police on the SafeCam web
application
• Transferring GIS monthly update to
Enterprise GIS
• Assisted City departments with a number
of contracting issues that have arisen in
light of the COVID-19 emergency.
HUMAN RESOURCES
INFORMATION TECHNOLOGY
LAW
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• Assisted Public Works in finalizing the
condemnation of several properties needed
for the Signature Pointe and Milwaukee II
Levee Improvement Projects.
• Made final adjustments to outdoor
warehousing B&O ordinance for council
consideration.
• Continued to assist the Clerk’s office with
public records requests as needed, and
Public Works, ECD, IT and Parks with a
number of high priority contracts and
development projects, including property
rights and access issues involving Naden
Avenue.
• Assisted the Clerk’s Office in preparing the
agenda for the City Council meetings and
Committee of the Whole meetings.
• Assisted the HR Department in a number of
sensitive employment and labor related
matters.
Recreation
• Staff continues to collaborate with
Multimedia staff and other performing arts
presenters on options for live-streaming
Spotlight Series performances in the
coming months. On a survey issued in mid-
August, an overwhelming majority of
Spotlight Series patrons (83%) indicated
that they would pay to watch live streamed
Spotlight Series events.
• Installation of the sculptural parcourse
exercise circuit designed by Clark Wiegman
for Morrill Meadows Park was expected to
be completed over Labor Day weekend.
Parks Planning and Development will then
proceed with surfacing installation.
• New entry banners are on order to replace
the damaged set at Meeker and Kent-Des
Moines Road.
• Staff is working to determine options for
restoring the stained concrete portions of
Stuart Nakamura’s “Another Place, Another
Time” sculpture at the Kent Historical
Museum.
• Vandalism damaged the student tile mural
on Mill Creek Canyon Earthworks Park’s
bathroom building. Cultural Programs staff
is working with Parks Operations to
coordinate repair.
• The Kent Creates “Quarantine Art” exhibit
encourages people to share their creative
quarantine projects with a submission
deadline of September 30.
Staff Changes - Hiring/Retirement/
Recruitment/Leaves/Promotions
• Shelley Warren retired September 1 with
over 23 years of service!
Significant crime activities/arrests
/investigations
• On August 27, at 3:42am, Kent patrol
responded to the 24800 block of 102nd AV
SE for an altercation involving a male and a
female. The male had run over the female
with a vehicle. A witness who was armed
with a gun tried to stop the suspect. The
suspect disregarded him and put the victim
into the vehicle. As the suspect took off in
the vehicle, the witness fired at the vehicle
tires. Patrol searched the area and located
a male on foot in the 24600 block of 104th
AV SE who fit the description of the
involved suspect. The involved vehicle was
located just south of this location. The
vehicle was high centered on curbing and
no one was inside. A search of the area
resulted in locating the victim who
obviously sustained trauma to her body
and was non-responsive. Life-saving efforts
were attempted, but the victim was
pronounced deceased. The suspect was
arrested.
• On August 28, at 5:24am, officers
responded to a residential burglary in
progress in the 800 block of 2nd Ave N.
There were four occupants inside the home
and one of them witnessed the suspect
rummaging through their property. Two
were able to escape from bedroom
windows. Officers were about to make
entry when the suspect gave up. The
remaining two occupants were unharmed.
The suspect was booked into KC Jail.
• On August 28, at 6:43pm, officers
responded to the report of a recent hit and
run at the intersection of SR 167 and the
84 Ave S. A witness followed the suspect to
PARKS, RECREATION, AND
COMMUNITY SERVICES
POLICE
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James and Central. The female driver
immediately became uncooperative, stated
she was scared of the officers, and
demanded a supervisor to the scene. The
female driver was ultimately arrested for
DUI, hit and run, and reckless
endangerment (child in the car). The
suspect was uncooperative during the
entire contact and tried to assault the
Officer at the hospital during the blood
draw.
• On September 7, at 1:23pm, a female was
running and screaming that a transient
male jumped out of the bushes and
threatened her with a knife while she was
out on a stroll on the Green River Trail. A
KPD K9 team deployed in the area and
contacted the suspect who was armed with
a knife and baseball bat. He threw the
knife in the bushes and complied with
commands. The suspect was identified and
arrested for felony harassment. He had a
felony warrant for DOC escape - assault 3
and several other Kent warrants. Great job
by officers on scene to locate and arrest
this repeat offender that was violently
threatening random citizens.
• On September 7, at 6:44pm, officers were
dispatched to a CPR in progress at the Kent
Jail. The subject had been arrested about 2
hours earlier for DUI. Corrections Officers
performed CPR on him, and Puget Sound
Fire took over life-saving measures as King
County Medics arrived. Narcan was
administered by medics, and the inmate
regained consciousness. He was
transported to Valley Medical for
treatment.
• On September 8, at 1:50am, officers
responded to a train vs. pedestrian on the
Union Pacific tracks just south of Willis St
and found the unidentified male with major
trauma and obviously deceased. The train
conductor and engineer advised they were
headed southbound on the tracks and
observed the male laying with his legs on
the tracks and looking at them. They
activated the brakes, but struck the male
going 40 mph. The body was taken by the
King County Medical Examiner’s Office and
he is still unidentified. The male was 25-35
years of age wearing jeans and sweatshirts
with a backpack full of items and appeared
to be transient.
• On September 8, at 6:35pm, patrol was
dispatched to an illegal discharge call in the
area of W Meeker and Madison Ave N.
Witnesses reported hearing 7-8 gunshots.
Patrol contacted a witness, who reported
that he was asked by a male and a female
in their 20's to jump their vehicle. As the
witness was trying to help them another
vehicle slowly drove past, and the
passenger began shooting at the male and
female. The male and female fled on foot
prior to patrol arrival and were not located.
The couple’s vehicle was struck by gunfire
and was impounded as evidence. No
victims with gunshot wounds were located
at local hospitals. The case is under
investigation.
Major emphasis patrol
• Racer Emphasis data:
o July 24-25
▪ 26 contacts
▪ 8 arrests/misdemeanor citations,
including one DUI
▪ 29 citations
▪ 3 verbal warnings
▪ No impounds
o July 31-August 1
▪ 45 contacts
▪ 25 arrests/misdemeanor citations
▪ 63 citations
▪ 5 impounds
o August 7-8
▪ 20 contacts
▪ 2 arrests/misdemeanor citations
▪ 35 citations
▪ 1 impound
o August 14-15
▪ 316 contacts
▪ 7 arrests/misdemeanor citations
▪ 21 citations
▪ No impounds
▪ 1 recovered stolen vehicle
Events and awards
• On September 2, at 6:47pm, officers did
an exceptional job while dealing with an
unstable female with mental health issues.
The female was seen running on the train
tracks east of the Red Lion. Officers gave
chase, and requests were made through
dispatch to have all trains stop, however
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there was a train fast approaching that
could not stop in time. Despite attempts to
tell her to stop, the female continued
running as the train was getting closer.
Finally, at the last moment she got off the
track just prior to the train passing. She
was detained and involuntarily committed.
The officers, without hesitation, put
themselves at risk in an effort to prevent
her from getting hit by the train.
Construction:
• LID 363: S 224th St Improvements – 88th
Ave S / S 218th St improvements
– S 222nd St to 94th Pl S (Ph 2):
permanent striping is complete. Fence
removal and replacement is ongoing.
Offsite drainage improvements are taking
place this week. Sign installation is
scheduled to finish this week.
• 228th St. Union Pacific Railroad grade
separation bridge and roadway (Ph 5 of 5):
civil crews working on last grade fill on
west side of bridge, SW1 wall location near
Pacific Power. Continuing Hilfiker wall
construction on the east side of bridge this
week. Structures crews working on barrier
wall construction at NW 1 and SW 3. The
bridge crews are working at both
crossbeams forming for concrete
placement on a weekly basis. The
Interurban Trail is open for use, spotters
are onsite to assist bicyclists and
pedestrians as needed.
• Upper Mill Creek dam improvements and
diversion structure replacement: the
concrete base between the box culvert and
the diversion channel has been poured. Fill
placement extending the dam to the final
elevation is scheduled to proceed this.
Forming, rebar placement, and concrete
pours for the new diversion structure (fish
ladder) is ongoing with the stream bypass
in place. Excavation for the headwall for
the diversion structure is taking place this
week. The temporary closure of 104th Ave
S will be in place through September.
• Green River Natural Resource Area
(GRNRA) South Stormwater Pump Station:
steel roof purlin placement is scheduled to
begin 9/8. Electricians will continue
installing the cabinets for the generator.
Welding of the roof beams is scheduled for
9/8. Interior wall painting is scheduled for
9/10.
• Meet Me on Meeker Sidewalk / Riverbend
Driving Range Improvements: final striping
will be scheduled after the appropriate cure
time for the concrete crosswalk has passed
for both surfaces. Current activities include
topsoil placement, irrigation installation,
and placement of decorative concrete
pavers.
• 2020 Asphalt Overlays: the final pave at
Chestnut Ridge is taking place this week.
Casting adjustments will follow. Casting
adjustments at Green Valley Heights and
Cambridge Highlands are ongoing. ADA
ramps are being upgraded at 140th, 240th,
252nd, and 208th, on the East Hill.
• Willis Street and 4th Ave S Roundabout:
concrete flatwork form/pour activities on
the roundabout features are ongoing. The
switch-over to the new configuration is
being scheduled for the weekend of
September 19 and 20. A full closure of the
intersection will be implemented to
complete this transition. W Saar and W
Willis will remain closed through
November.
• 76th Avenue South Improvements: 76th
Ave one-way southbound temporary traffic
is in place and will remain in effect for the
duration of the project. Concrete paving on
the East side of 76th Ave is ongoing.
• S 192nd Street Sanitary Sewer Repair:
dewatering installation is complete and
draw-down is successful. Replacement of
the existing sewer pipe is proceeding on
Tuesday (9/8).
• Reith Road Water Main Improvements
(38th Ave S to 42nd Ave S): installation of
the NE water main is proceeding today
(9/8). Traffic will be impacted for the
duration of this installation.
• Downey Farmstead Restoration, Phase 3:
earthwork is ongoing. Anticipate heavy
truck traffic in the area for the next couple
of weeks.
• Frager Road / Midway Creek Bridge Repair:
mobilization is scheduled for the week of
September 21. Once mobilized, Frager
PUBLIC WORKS
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Road will be closed, all pedestrian and
bicycle traffic will be detoured.
• GRE West Meeker – 64th & Meeker (6500
W Meeker) – the contractor is scheduling to
route traffic back into the permanent
configuration this week. Concrete flatwork
along the frontage is ongoing.
Design:
• Design Engineering continues to plan for
work in 2021 and 2022. Meetings with PW
managers to fill out work plan and verify
projects to take place in the next few
weeks. We continue to work with ECD on
the continued modified Meet Me on Meeker
concept design and exhibits. The team also
continues coordination on projects in
construction; predominantly on the 4th and
Willis roundabout and 2020 contracted
overlays. The team advertised the Meet Me
on Meeker Russell to GRE project Sept 1,
with bid opening scheduled for Sept 22.
Design reviews for West Hill reservoir and
pedestrian crossing on West James Street
at 2nd Ave N are underway. The team is
also wrapping up work to complete out
design on the current interlocal agreement
with King County Flood Control district –
further agreements are necessary to
advance the design beyond 30%. The 81st
Ave pumpstation and forcemain team
walked the site to identify possible
obstructions in their project preliminary
layout for the forcemain. The team is in
good spirits and continues to be productive
while working from home.
Environmental:
• Staff have started the process to update
city stormwater codes and ordinances as
needed to support new NPDES Permit
requirements. A draft has been prepared
and we will be working closely with Legal to
make these changes.
• The draft feasibility study and business
report for the Green River Watershed
Center is being reviewed with comments
due Thursday, September 10. The report
work is funded by a grant from King
County, and will set us up for future grants
to progress with planning and design. The
Watershed Center is planned to be located
at the Green River Natural Resource Area.
• Staff presented to the Governor’s Office of
Financial Management on the Downey
Project on Thursday, September 3rd. The
Downey Project is competing for grant
funding from two major state grants, and
the level of funding in the state budget will
dictate how far down the list of projects the
funding extends.
• Staff discovered a highly used encampment
and pathway while performing a
stormwater system inspection and working
on tracking down the source of an illicit
discharge into the city’s drainage system.
The pathway started at the alley behind
Walgreens at 104th and Kent Kangley and
then went south behind the Chuck E
Cheese and Super Buffet ending behind the
old Top Foods. They found needles, feces
and large amounts of garbage. Staff are
currently working with PW Operations staff
to resolve this issue including the removal
of a stump due to numerous fires being set
near Mill Creek including burning the
stump.
• The Lake Fenwick Hypolimnetic Aerator
Upgrade is going out for construction bids
later in September to upgrade the existing
aerator. The aerator provides oxygen to
the bottom of the lake to help limit algae
blooms and improve water quality.
Transportation:
• Staff from the Transportation Signals team
have installed leading pedestrian intervals
at 18 intersections in Kent and are
planning to install them at two more
intersections. Leading pedestrian intervals
are a relatively new pedestrian safety
measure that gives pedestrians a few
seconds of walk time to start crossing the
street before vehicles begin their
movements. This primarily helps drivers
making right and left turns see pedestrians
crossing streets before making their turns.
While we ultimately plan to have leading
pedestrian intervals at most traffic signals
in the City, they require modifications to
older traffic signals. We have three more
signals planned for the near future. The
remaining signals are being prioritized and
will be upgraded in the future.
Streets:
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• Street maintenance crews will grind and
pave for inlay and hot patch inlay on SE
248th St between 116th Ave SE and 118th
Ave SE. Crews will also repair the sound
wall on S 228th St between the Joe
Jackson Bridge and 54th Ave S, and move
message boards on SE 240th St between
137th Ave SE and 148th Ave SE.
• Signs and Markings crew will be doing sign
maintenance on the East and West Hill,
setting bases and replacing signs on 132nd
Ave SE, SE Lake Youngs Way, W Morton St
and W Valley Hwy S. Sign crews will also
inspect traffic control on S 192nd St west
of 84th Ave S. Solid Waste crews are
removing debris and illegal signs on 25th
Ave S from S 260th St to the dead end and
removing graffiti from the Don Wickstrom
bridge.
• Water Vegetation crews will be line
trimming and mowing at Clark Springs
Gallery, Kent Springs and Ravensdale
properties. Street Vegetation crews will
mow and line trim on E James from Hazel
Ave N to 104th Ave SE, water street trees,
clean up trash and remove weeds from
planted street tree beds and remove weeds
from street tree grates in the downtown
core and weed potted plants at the GRNRA.
The Sidearm crew will be mowing on 94th
Ave S from S 240th St to S 218th St, SE
192nd St from Benson Hwy to 124th Ave
SE, SE 196th St from Benson Hwy to 124th
Ave SE, 68th Ave S from James St to S
190th St, 72nd Ave S from S 220th St to S
182nd St and 80th Ave S from S 200th St
to S 207th St. The Wetland Mitigation crew
will line trim, remove weeds at Lake
Meridian outlet wetlands and Riverview
Blvd, run irrigation at Leber property,
Frager Rd and Alvin’s pond and remove
weeds at Alvin’s Pond wetland area,
Briscoe vegetation monitoring and Red
Barn siding. The Wetland Maintenance crew
will be mowing and line at Meadow Hills on
120th Pl SE, 256th Flume on 146th Ave SE,
ShoWare Center on James St, Stillwater
Shadows on 130th Ave SE, Rainier View
Estates on 129th Ave SE, Lindental on
116th Ave SE and the Bridges on SE 296th
Pl. Crews will also be removing Loostrife on
Titus St, Clark Ave N, 132nd Ave SE, 124th
Ave SE and 130th Ave SE and a tree
removal on SE 256th St. The Holding Pond
crew will be mowing and line trimming at
the Trampoline Pond on SE 253rd St, Ellis
Estates on 129th Ave SE, Park Place on
100th Ave SE, Canterbury on 100th Ave
SE, Kent Des Moines Midway Crossing on
Pacific Hwy, 3rd Ave Holding Pond on S
259th St, 277th St Corridor on the Green
River Rd, 25329 114th Ave SE, Hillside
Manor on 98th Ave S, to the hill on SE
244th St, Autumn Glen on 105th Ave SE,
Kentara on 105th Ave SE, Walnut Ridge on
S 242nd Ct, High Ridge #3 on Woodland
Way, Wood Ridge Estates on Woodland
Way and Rachels Place on 6th Ave S.
Water:
• Staff continue to work on our Shops Inc
water main replacement on 1st Ave S
between James Street and W Cloudy
Street. Pipe tie-in and new service
installations starting. Work on the Shops
Inc water main project on 5th Ave is
beginning. Crews will be reviewing and
performing a final check before the new
640 pressure zone starts up on 9/15. Work
on the Clark Springs fluoride transducer
set-up and chlorine shut off valves.
Storm/Sewer:
• Storm crews will perform cleaning for TV
inspection on 112th Pl SE and SE 274th St,
ditch maintenance at Park Orchard Park,
culvert repair at 10435 SE 211th St and 2
curb and gutters at 23131 135th Ave SE.
The crew will also be performing National
Pollutant Discharge Elimination System
(NPDES) assessing on S 208th St and
pumping on SE 212th St and 84th Ave S.
• Sewer crews will perform storm TV
inspection on the East Hill and change outs
on the East Hill.
Fleet/Warehouse:
• The Warehouse crew continues to maintain
the shops yard keeping it clean and picked
up and maintaining the wash rack,
assisting with CDL training, issuing
personal protection equipment (PPE’s),
issue hydrants and public notice boards to
contractors, repairing small equipment as
needed, receiving parts and inventory
orders and posting to stock or work orders.
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• Fleet crews will be working on side arm
mower repairs, small mower repairs,
receiving new Police vehicles, new fuel
system changeover, new Vactor at dealer
for needed upgrades, monthly air brake
inspections, City Space write ups and
scheduled and nonscheduled repairs. The
Radio Shop is programing radios and
checking new Police Department Explorers.
# # #
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DATE: September 15, 2020
TO: Kent City Council
SUBJECT: First Public Hearing on the 2021-2022 Biennial Budget
SUMMARY: This is the first public hearing on the 2021-2022 Biennial Budget at the
regular City Council meeting. Public input is welcome as the City begins to prepare
the 2021-2022 Biennial Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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DATE: September 15, 2020
TO: Kent City Council
SUBJECT: First Public Hearing on the 2021-2026 Capital
Improvement Program
SUMMARY: This is the first public hearing for the 2021-2026 Capital Improvement
Program. The Capital Improvement Program is incorporated into the Capital
Facilities Element of the Kent Comprehensive Plan. Public input is welcome as the
City begins to prepare the 2021-2026 Capital Improvement Program.
6.B
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
September 1, 2020
Date: September 1, 2020
Time: 5:00 p.m.
Place: THIS IS A REMOTE MEETING
I. CALL TO ORDER
Council President Troutner called the meeting to order.
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Excused
Dana Ralph Mayor Present
II. PRESENTATIONS
1 Storm System Update Jens Vincent
Mike Mactutis
45 MIN.
Sewer and Storm Drainage Manager, Jens Vincent and Environmental
Engineering Manager, Mike Mactutis gave a presentation on the City’s storm
system. Vincent reviewed a number of projects all over the City that have
been completed by the Public Works Storm Operations Department over just
the past year and few months following the high water events that occurred
back in February of this year.
Mactutis provided an update on the stormwater projects that are under
construction on the Upper Mill Creek Dam, Green River Natural Resource
Area South Pump Station, Lower Russell Levee, River Gages at Meeker and
South 272nd Street and the Downey Farmstead Restoration Project. He also
spoke about the stormwater projects that are in the design phase such as
Signature Point Levee, Milwaukee II Levee, Green River Natural Resource
Area North Pump Station, 81st Ave South Pump station, Mill Creek
Reestablishment, Garrison Creek/South 212th Street Culvert and Lake
Fenwick Hypolimnetic Aerator.
Mactutis closed by reviewing the high water events from February of this
year and the activity that has happened since then. There have been regional
coordination meetings with King County, USGS, Corps. of Engineers and the
other valley cities. Additionally, there have been checks of the river for flow
8.A.1
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City Council Workshop Workshop Regular
Meeting
Minutes
September 1, 2020
Kent, Washington
Page 2 of 3
restrictions and the addition of two new river gages in Kent. The remaining
issues were discussed as well as what the department is doing to prepare for
the coming winter.
Councilmember Boyce and Council President Troutner both expressed their
appreciation of this team. Boyce mentioned how amazing it is to see all the
work that has been done that we don't realize is being done in the
background and all of which is so important for the City.
2 South King Housing Collaborative's
Housing Action Plan Framework
Hayley Bonsteel 45 MIN.
Senior Long-Range Planner, Hayley Bonsteel gave an update on the South
King Housing Framework project which encompasses Phase 1 of House Bill
1923 grant to increase residential building capacity. Bonsteel discussed the
goals of this project which are to discover broad trends in the subregional
housing market, understand broad dynamics in household demographics,
gather and compile data at the subregional level for policy development at
the city level and lay the groundwork for more consistent, unified messaging
for South King County cities.
Bonsteel discussed the general findings for this project and noted that Kent
generally tracks with the South King County subregions given its size and
central location. There are both broad and deep housing needs across a
range of incomes and types of housing. Bonsteel noted that population
growth in Kent has been twice the rate of South King County as a whole, yet
the number of actual households has grown by a lower rate due to Kent's
larger household size.
Bonsteel reviewed the striking increase in average rent for a 2-bedroom
apartment over the course of the last 10 years which has gone up 58% and
the change in median home prices which has gone up 88% from 2010 to
2020. These numbers do not however reflect the much smaller percentage
increase of incomes for both renters and homeowners.
Bonsteel reviewed graphs and statistics comparing all South King County
cities in various areas in relation to affordable housing. These areas included
multifamily building quality, regulated affordable housing percentages and
the affordability in those units and housing units by type.
Bonsteel then discussed three goals identified in alignment with the grant for
the entirety of South King County, but more importantly she discussed four
overarching strategies:
• Preservation & Anti-Displacement
• Affordable Housing and Production
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City Council Workshop Workshop Regular
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Minutes
September 1, 2020
Kent, Washington
Page 3 of 3
• Middle Housing
• Transit Oriented Development & Urban Centers
Bonsteel summed up her presentation by discussing the huge takeaways on
the work that has been done thus far and where things are headed:
• Focus on displacement prevention for the most vulnerable (remaining grant
dollars)
• Continue to advocate for local discretion regarding incentivizing 100+ AMI
and share the South King County story with the county/region/state so there
is better understanding of housing development dynamics in high cost areas
• Pursue in the near term:
• Middle housing typologies on the books today and ways to dial
regulations
• Appropriately scaled upzoning around BRT
• Explore more (with Human Services staff)
• Community organization capacity building
• Tenant protections
In the coming months the plan is to work with the Kent community, through
open houses and surveys/website:
• Inform and empower community with data and information
• Understand desired livability priorities given long-term densification
• Get input on appropriate role for City via regulations and aesthetics
compared to housing affordability in the private market
• “Take the temperature” on revenue vs. outcomes (hypothetical exercise)
Councilmember Larimer thanked Bonsteel for the great presentation and
shared her concerns regarding what will happen following the COVID-19
emergency and recession.
Councilmember Boyce inquired about a time frame on getting this complete
considering the current environment. Bonsteel advised that the Housing
Action Plan needs to be adopted by June of 2021 to be in compliance with
the grant requirements.
Councilmember Fincher expressed her concerns over tenant protections.
Meeting ended at 6:48 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
September 1, 2020
Date: September 1, 2020
Time: 7:06 p.m.
Place: THIS IS A REMOTE MEETING
1. CALL TO ORDER
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Dana Ralph Mayor Present
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Les Thomas Councilmember Excused
Zandria Michaud Councilmember Present
3. AGENDA APPROVAL
Chief Administrative Officer, Derek Matheson added item 8.I “Excused
Absence for Councilmember Thomas - Approve.”
A. Move to approve the agenda as amended.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Employee of the Month
Mayor Ralph recognized Parks Program Coordinator, Brian Steward as the
September Employee of the Month.
2. Appointments of Non-Law Enforcement Representatives to the
Valley Independent Investigation Team
Mayor Ralph provided a brief overview of the process the City followed in
selecting the non-law enforcement representatives to the Valley Independent
Investigation Team.
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Kent City Council City Council Regular Meeting
Minutes
September 1, 2020
Kent, Washington
Page 2 of 6
The City opened the application process to the diversity task Force and
Cultural Communities Board.
Chief Padilla provided details on the duties of the Team. Members will be
responsible for vetting qualifications and credentials of investigators involved
on the team that are in line with what law requires.
Mayor Ralph is recommending both Pastor Lawrence Boles and Todd Minor as
non-law enforcement representatives to the Valley Independent Investigation
Team.
Todd Minor expressed his appreciation to be able to serve the City and
indicated more collaboration is needed between the community and
government.
Pastor Boles indicated he is honored to make history with the entire family of
Kent and looks forward to the work ahead.
3. Proclamation for Childhood Cancer Awareness Month
Mayor Ralph read the Proclamation for Childhood Cancer Awareness Month
and recognized Siobhan Scrivner, Heather Canaday and Abby Armstrong on
behalf of Strong Cares Guild - an organization that raises money for Seattle
Children’s Cancer research and moms of children with cancer. Mayor
recognized Stacy Judd, a City of Kent Employee that has a child with cancer.
Judd expressed her appreciation of the Proclamation.
4. Proclamation for National Recovery Month
Mayor Ralph read the proclamation for National Recovery Month.
5. Proclamation for Constitution Week
Mayor Ralph read the proclamation for Constitution Week and recognized
Chaplain Linda Hansen, who is a member of the Lakota Chapter of the
National Society of Daughters of the American Revolution.
6. Proclamation for Kent Youth and Family Services' 50th Anniversary
Mayor Ralph read the proclamation for Kent Youth and Family Services 50th
Anniversary and recognized Mike Heinisch, Director of Kent Youth and Family
Services.
B. Community Events
Council President Troutner advised the outdoor movies have ended at the
accesso ShoWare Center and expressed appreciation of the Kent Downtown
Partnership and Lions Club for their support of the events.
Pastor Boles invited the public to attend the ribbon-cutting event for the
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Minutes
September 1, 2020
Kent, Washington
Page 3 of 6
Redeemed by the Blood Pentacostal Church of God in Christ on September
5th at 1 p.m. at 703 Central Avenue South.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph advised her focus over the past few weeks has been on the
budget that she will present her proposed 2021-2022 biennial budget to the
Council at the end of September.
Mayor Ralph advised she attended King County Executive Dow Constantine’s
formal unveiling of his proposed 2020 Strategic Climate Action Plan that was
held at the Paradise Parking Plots.
Mayor Ralph expressed appreciation for the City’s Communications and
Multimedia teams, Parks and City staff and community volunteers for hosting
a successful event at the accesso ShoWare Center where 7,500 masks and
hand sanitizers and 1,200-1,300 boxes of food were distributed to the
community.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Derek Matheson advised the Mayor, City Council
and the Executive Leadership team is working on prioritizing and sequencing
the list of equity issues compiled. Staff will prepare a matrix that will then be
reviewed by the Leadership team and will ultimately be brought to the
Council through either a workshop or Committee of the Whole meeting.
Matheson advised that during the month of September, directors will meet
with the City's government relations consultant working on the City's 2021
Legislative Agenda. The Mayor will recommend an agenda to the Council in
the fall and the Legislature will convene in January for a 4-month session.
Matheson's written report is in today's agenda packet and there is no
executive session tonight.
C. Councilmember's Reports
Council President Troutner provided a brief recap on the two workshop
presentations from tonight: Storm System update and the South King
Housing Collaborative’s Housing Action Plan Framework that can be viewed
online.
Councilmember Kaur serves on the Association of Washington Cities Equity
Work Group and provided information on the recent race and equity training
that she attended.
6. PUBLIC HEARING
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
September 1, 2020
Kent, Washington
Page 4 of 6
None.
7. PUBLIC COMMENT
None.
8. CONSENT CALENDAR
Approve items A - I.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Aug 18, 2020 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Aug 18, 2020 7:00
PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Aug 25, 2020 4:00 PM
B. Payment of Bills - Approve
MOTION: Approve the Payment of Bills received through
8/15/20 and paid on 8/15/20 and approve the checks issued
for payroll for 8/1/20-8/15/20 and paid on 8/20/20, as
audited by the Committee of the Whole on 8/25/20.
C. Accept the South 212th Street Bridge Deck Resurface Project
as Complete - Authorize
MOTION: Authorize the Mayor to accept the South 212th Street
Bridge Deck Resurface Project as complete and release
retainage to C.A. Carey Corporation upon receipt of standard
releases from the State and the release of any liens.
D. King County Flood Control District Milwaukee 2 Levee Interlocal
Agreement Amendment - Authorize
MOTION: Authorize the Mayor to sign an amendment to the
existing Interlocal Agreement with the King County Flood
Control District for the Milwaukee II Levee project, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
E. Amendment to the Interlocal Agreement with the Water
Resource Inventory Area 8 - Authorize
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
September 1, 2020
Kent, Washington
Page 5 of 6
MOTION: Authorize the Mayor to sign the First Amendment to
the Interlocal Agreement for the Watershed Basins within
Water Resource Inventory Area 8, subject to final terms and
conditions acceptable to the Public Works Director and City
Attorney.
F. Amendment to the Interlocal Agreement with the City of
Covington - Authorize
MOTION: Authorize the Mayor to sign a Second Amendment to
the Interlocal Agreement between the Cities of Covington and
Kent for Joint Public Works Operations for CIP 1127, S.E. 272nd
Street (516) Improvements between Jenkins Creek and 185th
Place S.E., subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
G. Star Lake Rezone Ordinance - Adopt
MOTION: Adopt Ordinance No. 4367, approving the Star Lake
Rezone application from half CC-MU (Community Commercial -
Mixed Use) and half MRT-16 (Multifamily Residential
Townhouse) to GC-MU (General Commercial - Mixed Use).
H. Appointments of Non-Law Enforcement Representatives to the
Valley Independent Investigation Team - Confirm
MOTION: Confirm appointment of Pastor Lawrence Boles and
Mr. Todd Minor as non-law enforcement community
representatives on the Valley Independent Investigations Team
for a three-year term that will expire on September 8, 2023.
I. Excused Absence for Councilmember Thomas - Approve
MOTION: Approve an excused absence for Councilmember
Thomas as he is unable to attend today's meeting.
9. OTHER BUSINESS
None.
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 7:52 p.m.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
September 1, 2020
Kent, Washington
Page 6 of 6
Kimberley A. Komoto
City Clerk
8.A.2
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Pending Approval
Kent City Council - Committee
of the Whole
Committee of the Whole -
Regular Meeting
Minutes
September 8, 2020
Date: September 8, 2020
Time: 4:02 p.m.
Place: THIS IS A REMOTE MEETING
1. CALL TO ORDER
Council President Troutner called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Absent
Dana Ralph Mayor Present
3. AGENDA APPROVAL
There were no changes to the agenda.
4. DEPARTMENT PRESENTATIONS
1. South 224th Street Project Phase II Drainage Easement, Acces
Easement, Temporary Construction Easement, and Right-of-
Way Acquisition - Authorize
Property & Acquisition Analyst, Cheryl Rolcik-Wilcox presented on Phase II of
the South 224th Street Project. This portion of the project requires the City
acquire from Craig and Christine Dougherty a Drainage Easement, Access
Easement, Temporary Construction Easement, and a portion of Dougherty’s
property in fee located at 22011 76th Avenue South for $40,000.
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
September 8, 2020
Kent, Washington
Page 2 of 4
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.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/15/2020
7:00 PM
2. Clark Springs Habitat Conservation Measure - Property
Purchase - Authorize
Property & Acquisition Analyst, Cheryl Rolcik-Wilcox spoke about the
purchase of the Phillips property located at 26127 Kent-Kangley Road in
Ravensdale. 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. The property, which has a single-family
residence with frontage along Rock Creek and consists of 54,014 square feet,
and is recommended that the City purchase this parcel for the fair market
value of $540,000
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.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/15/2020
7:00 PM
3. INFO ONLY: Small Business Grant Update
Chief Economic Development Officer, Bill Ellis provided an update on the
CARES Act Funds and Small Business Emergency Relief Grants. Ellis indicated
that 98% of the grant funds have been distributed at this point. He also
provided statistics on the demographics of the applicant pool as well as the
selected applicants. As of today, 211 of the 217 grants have been awarded
and 5 have been unresponsive to calls/emails.
Ellis noted that there are 90 remaining eligible applications, and there will be
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
September 8, 2020
Kent, Washington
Page 3 of 4
an additional $601,300 in relief funds distributed. He noted, this process will
take anywhere from two to three weeks.
4. INFO ONLY: July Financial Report
Senior Financial Analyst, Michelle Ferguson presented the July Financial
Report. She highlighted some key areas of interest:
- Revenues received through June are down approximately $3m, primarily due
to licenses and permits, intergovernmental charges for services and
miscellaneous revenues.
- Sales Tax is $1.35m under June 2019 year-to-date revenues due to the
ending of the annexation sales tax credit and accruals.
- B&O tax is $726k over 2019 year-to-date revenues. The increase in B&O
revenues is due to the increase in square footage rates.
- Utility tax is $476k over 2019 YTD revenues.
- General Fund Expenditures are $2.7m over what they were in 2019. Most
departments are coming in under budget. Overall expenditures are at 42%,
which by this time of year you would expect to see nearer 50%. This is due
to the central cost allocation plan and the COVID cuts.
5. Payment of Bills
Finance Director, Paula Painter provided the Council with a copy of the
payment of bills.
MOTION: Approve the payment of bills received through
8/31/20 and paid on 8/31/20 and approve the checks issued
for payroll 8/16/20-8/31/20 and paid on 9/4/20, that were
audited by the Committee of the Whole on 9/8/20.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/15/2020
7:00 PM
6. Ordinance Extending the Square Footage Component of the
City's B&O Tax to Include Outdoor Warehousing Activities -
Adopt
Finance Director, Paula Painter spoke about the ordinance to extend the
square footage component of the City's business and occupation tax to
include outdoor warehousing activities. This proposed amendment to the
square footage component of the City’s 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. This
amendment will ensure that all warehousing activities 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
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
September 8, 2020
Kent, Washington
Page 4 of 4
not used for warehousing activities will remain untaxed. This ordinance does
not change the rate of the City’s B&O tax. According to Painter,
approximately 6 businesses would be impacted by this amendment and
would generate about $2.1m in revenue.
Councilmember Boyce sought and received confirmation that the City has
done appropriate outreach to affected businesses.
Councilmember Michaud inquired about the use of the funds being discussed.
Chief Administrative Officer, Derek Matheson addressed the inquiry by
pointing out that nothing in the ordinance changes how the B&O taxes are
allocated, it simply increases the amount of funds available.
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.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/15/2020
7:00 PM
5. ADJOURNMENT
Council President Troutner adjourned the meeting at 4:55 PM.
Meeting ended at 4:55 p.m.
Kimberley A. Komoto
City Clerk
8.A.3
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DATE: September 15, 2020
TO: Kent City Council
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills received through 8/31/20 and paid
on 8/31/20 and approve the checks issued for payroll 8/16/20-8/31/20
and paid on 9/4/20, that were audited by the Committee of the Whole on
9/8/20.
SUMMARY:
Approval of payment of the bills received through-----08/31/20
and paid 08/31/20
Approval of checks issued for Vouchers:
Date Amount
08/31/20 Wire Transfers 8417 8439 $2,712,957.64
08/31/20 Regular Checks 747437 747762 $7,349,374.91
08/31/20 Payment Plus 102550 102589 $115,760.55
Void Checks ($1,411.54)
08/31/20 Use Tax Payable $1,280.04
$10,177,961.60
Approval of checks issued for Payroll:8/16/20-8/31/20
and paid 9/4/2020
Date Amount
9/4/2020 Checks 0
Voids and Reissues
9/4/2020 Advices 457109 457859 $1,845,927.07
$1,845,927.07
Document Numbers
Document Numbers
09/08/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/15/2020 7:00 PM
8.B
Packet Pg. 29
DATE: September 15, 2020
TO: Kent City Council
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.
8.C
Packet Pg. 30
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)
09/08/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/15/2020 7:00 PM
8.C
Packet Pg. 31
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
8.C.a
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D, Upon the motion of the City, the lawsuit against Dougherty for the acquisition
of the property rights necessary to complete the Project was dismissed by
the couft on February L2,2018,
E. The City made an initial payment to Dougherty in the amount of $15,000.00
on February B, 2018, as required under the Partial Settlement Agreement,
with the understanciing that finai agreement as to cash compensation wouici
be negotiated as part of this Final Settlement Agreement.
F. The Parties have completed negotiations of the outstanding issues in the
Partial Settlement Agreement, and desire to fully settle aii claims peftaining
to the Property as a result of the Project.
Now, theretore, the parcies agree as f.oiiows:
Agreement
1. The parties agree on the following as full and final settlement of the City's
acquisition of property rights and payment of damages for the Property
regarding the Project.
1.1 Dougherty will execute the necessary documents to grant to the City
the following propefty and property rights:
i. Ownership of the Acquisition Area consisting of 1,619 square feet of
the Property;
ii. The TCE over a 383 square foot portion of the Propefty;
iii. The Drainage Easement over a 4,051 square foot portion of the
Drnna*rr. lnr{r lvPvlLt, ullv
iv. The Access Easement over a t,299 square foot portion of the Property.
City shall prepare and provide the documents for Dougherty's review and
signature by September 1, 2020. Dougherty will review and execute these
documents within 5 business days of receiving them from the City.
L.2 The City will pay Dougherty the amount of $40,000, less $15,000 that
was paid under the Partial Settlement Agreement.
1.3 The Parties also agree that the existing'access road'shown on Exhibit
C-1 will remain passable after completion of drainage improvements
within the proposed drainage and access easement. Furthermore, the
Final Settlement Agreement - Page 2 of 4
8.C.a
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drainage improvements will be owned and maintained by the City and
will be maintained to protect the Dougherty's existing sewer line which
exists under the access road.
2. Doughefty acknowledges that this Final Settlement Agreement is expressly
conditioned on the City of Kent's City Council's authorization to complete the
transactions described herein. Doughefty waives any claim against the City
of Kent and its elected officials, officers, employees, representatives and
agents for any burden, expense or loss which Seller incurs as a result of the
City Council's failure to grant authorization.
3, This Final Settlement Agreement shall bind and inure to the benefit of the
parties and their respective successors and assigns.
4. This Final Settlement Agreement may only be amended in writing, signed by
all parties,
5. If any term, covenant, condition or provision contained in this Final
Settlement Agreement is determined to be invalid, voided or otherwise
unenforceable, by any court of competent jurisdiction, such determination
shall in no way affect the validity or enforceability of any other term,
covenant, condition, or provision contained in this Final Settlement
Agreement.
6. This Final Settlement Agreement may be executed in counterparts and/or
transmitted electronically, and copies so executed or transmitted will be
deemed originals.
7. This Final Settlement Agreement, together with all exhibits constitutes the
entire agreement between the parties with respect to the subject matter of
this agreement. This Final Settlement Agreement is specifically intended by
the parties to supersede all prior agreements whether written or oral.
8. This Final Settlement Agreement shall become effective on the last date
signed below.
(Signatures on following page)
Final Settlement Agreement - Page 3 of 4
8.C.a
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CITY OF KENT
By:
Title:
Date
Date Q-zno7A
1
By
By
Date
Final Settlement Agreement - Page 4 of 4
8.C.a
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TBEXH A
TAX LOT 8802400020
RIGHT OF WAY ACQUISITION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96.13, RECORDED
UNDER RECORDING NO. 9609,1 80827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 56.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON.
CONTAINING 1,619 SQUARE FEET, MORE OR LESS
ultg
/ o/lr+/tur1
8.C.a
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EXHIBIT A-1
PARCEL
# 0722059020
S 218TH ST
N LrNE S112 N1/2 SE1/4 SEG. 7
b(e,
I
56.00'
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
8.C.a
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EXHIBIT B
TAX LOT 8802400020
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96.13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 61.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, AND SOUTH OF THE SOUTH LINE OF THE NORTH 56.00 FEET
OF SAID SUBDIVISION.
CONTAINING 383 SQUARE FEET, MORE OR LESS
LA}TO
lol24/.Pt?
8.C.a
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EXHIBIT B-1
PARCEL
# 0722059020
56.00'S 218TH ST
NORTH LINE S1/2 N1/2 SE1/4 SEC. 7
o(Y)
61.00'
a
UI
ou(v)
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383 SO. FT
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # B8O24OOO25
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL t+88A24A0024--t I
I
NIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO TOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
Project# 14-3010
PW2013-030
r-
LOCATED IN THE NW 1/4 SE 1/4
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.wAaxlrotol
CITY OF KtrNT
LAND SURVEY SECTION
DOUGHERTY
TEMPORARY CONSTRUTION
EASEMENT
DRAWN BY: TLM
EXHIBIT
B-1
SCALE:1"=50'
DATE: 1012412017
8.C.a
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EXHIBIT C
TAX LOT BBO24OOO2O
DRAINAGE EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 960918A827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M,, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01 "A1'22' EAST 213.95 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 01"01'22'EAST 27.35 FEET; THENCE NORTH
66'04'42" EAST 133.22 FEET TO THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG
SAID EASTERLY LINE, SOUTH 25"15'37" EAST 20,00 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 56"10'00" WEST 93.37 FEET; THENCE SOUTH 78'01'46'WEST
54.42 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,051 SQUARE FEET, MORE OR LESS
{d't
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8.C.a
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EXHIBIT C-1
ro s 218TH ST
-or0 tfln
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ltJ
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POINT OF BEGINNING
rool
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oo
cz
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND, NO LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
OF COMMENCEMENT
Project# 14-3010
PW2013-030
4,051 SQ. FT
Line Table
Line #Length Direction
L1 27.35',N 01'01'22. E
t4L1 zv.vv o aEo4 Erozil EI4J tUUt L
L3 54.42's 79"01'46" W
LOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.KENTIatf,rro"ot
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
DRAINAGE EASEMENT
DRAWNBY: TLM
EXHIBIT
c-1SCALE: 1"=60'
DATE: 8l13l2O2O
8.C.a
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EXHIBIT D
TAX LOT 8802400020
ACCESS EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO, SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT ,1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01"01'22" EAST 2413A FEET; THENCE NORTH 66"A4'42"
EAST 44.61TO THE POINT OF BEGINNING; THENCE NORTH 02"AA'24" WEST 80.48 FEET;
THENCE NORTH 12"28'26" WEST 51.56 FEET TO THE SOUTH LINE OF 2187H STREET;
THENCE ALONG SAID SOUTH LINE, NORTH 89"57'07" EAST 1A.24 FEET; THENCE
LEAVING SAID SOUTH LINE, SOUTH 12'28'26" EAST 5A.27 FEET; THENCE SOUTH
0200'24' EAST 77.44 FEET; THENCE SOUTH 66"24'50" WEST 10.75 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1,299 SQUARE FEET, MORE OR LESS,
LN{O
C\ l,-t ^.-4nO-tJ")o.t-t-t
8.C.a
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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
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otr
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LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-,I3
PARCEL # 8802400020
og?
{N
lrJ:N
s{
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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
8.C.a
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EXHIBIT E
Possession and Use/
Partial Settlement Agreement
S.224th/228th Street phase il project
City of Kent Project Number: 16-3004
Owner: Craig and Ciiristine Dougherty
King County Tax Parcel Number: 880240-0020
Address: 2L1ZA 93'd Avenue S., Kent, Washington 9g031
Agreement Date: Janua ry 26, 2ALg
This Possession and Use/Partial Settlement Agreement ("Agreement") is entered into on the
Agreement Date shown above {oko the "Possession Date") between the City of Kent,
Washington, a Municipal Corporation ("Kent" or "the City") and Craig and Christine Dougherty
(collectively "Dougherty"). The City and Dougherty will be referred to as the "parties.,,
Background
1. Dougherty owns real property (the "Dougherty Property") located at 21920 g3'd Avenue
S., Kent, Washington 98031.
2. To accommodate the city's s.224th/22gth street phase ll project
(the "Project"), the City must acquire from Dougherty the following property and/or
property rights:
a. ownership of 1519 square feet of the Dougherty Property as shown on the
drawing attached as Exhibit B, and
b. a temporary construction easement over a 383-square-foot portion of the
Dougherty Property as shown on the drawing attached as Exhibit 81.
3. The city has obtained an appraisal and appraisal review related to the necessary
acquisition from Dougherty and has made an ongoing offer of compensation in the
amount of Sl-1,1.00.00. Dougherty has countered the City's offer, requesting as follows:
a. Payment of 535,000.00;
b. lnstallation of a tightline drainage system along 93'd Avenue S, and S, 21gth Street;c. Protection of the existing Dougherty (and two neighbors') connection to a Metro
sewer line; and
Kent-Dougherty Partial settlement and possession Agreement - L
8.C.a
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d. Relocation of an existing driveway off 93'd Avenue S. near the corner of S. 2L8th
Street, with the driveway to be relocated approximately "one driveway width" to
the south and connecting to the City's right of way.
4. The Case Schedule issued by King County Superior Court (Exhibit C, attached) mandates
that a Public Use and Necessity Hearing be scheduled byJanuary29,20L8. That hearing
has not taken place because the Farties ere attempting to ncgotiatc a i'esoluticn. The
Parties wish to avoid expenses related to court litigation and to dismiss the lawsuit in its
entirety and only refile if the Parties are unable to reach a final settlement. At the same
time, the Parties agree that construction of the Project should move forward as soon as
possible, but the City needs more time to study and evaluate DoLrgher.ty's counteroffer,
and the Parties do not want to violate the Superior Court Case Schedule.
5' While moving ahead with construction, the Parties must also preserve and protect all
thpir resnprtirra loorl riohtc rnd rleimc' 'o"'"
NOW, THEREFORE, the parties agree as follows:
Partial Settlement and Possession Agreement
6. Upon receipt of a copy of this agreement, signed by Dougherty and delivered to the City
(electronically or otherwise) no later than noon on January 26,2AI8, the City shall file a
dismissal of the pending lawsuit. Email addresses used for electronic delivery shall be
cbieren@kentwa.eov and crol-cik-wilc.ox@kentwa.eov. Thesc arc the email addresses
for City Engineer Chad Bieren and Legal Assistant Cheryl Rolcik-Wilcox. The mailing
address is City of Kent Law Department, 220 Fourth Avenue South, Kent, WA 98032.
7. Dougherty agrees that as of January 26, 2OI8 {the "Possession Date"), the City shall
have possession of the Acquisition Area and the TCE area (collectively the "possession
Area") to proceed with construction of its Project. The Acquisition Area and TCE area
are shown on Exhibits B and 81,, respectively, and are legally described in Exhibits A and
A1.
8. The City must investigate and evaluate engineering and cost aspects of parts of
Dougherty's counteroffer set forth in paragraph 3 above. To assist the City, Dougherty
shall, at a mutually convenient time but no later than February L6,2A78, meet onsite
with City personnel to walk the property so the City can gather relevant information
about the sewer protection, driveway relocation and tightline drainage requests.
Meanwhile, the City agrees as follows with respect to portions of Dougherty's
counteroffer.
Kent-Dougherty Partial Settlement and Possession Agreement - 2
8.C.a
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Request for poyment of fi5,a00.0a. The city must evaluate Dougherty,s
compensation demand in conjunction with estimating costs of the "tightline
drainage system" and any alternative, the costs of which are anticipated to be
substantial. Final agreement as to cash compensation must therefore await a final
settlement, but meanwhile, no later than 1"5 days after the date of this agreement,
the city shall make an initial payment to Dougherty in the amount of S15,000.00, by
check made payable to Craig and Christine Dougherty and mailed to Dougherty at
2Ig2O 93'd Avenue S., Kent, Washington 9g031.
Request for installation of o tightline drainage system. Within three weeks after the
site meeting referenced in main paragraph 8 above, the City shall complete a written
estimate for the tightline drainage system requested by Dougherty. The City will
share this estimate with Dougherty. The City may also elect to explore alternatives
to the proposed tightline system, and if it does so, the City will share with Dougherty
alternative ideas at the same time it shares its cost estimate. Within one week after
this information sharing, Dougherty shail provide any feedback he may have
concerning the City's cost estimates and/or proposed alternatives (if any). Within
one week after receiving that feedback, the City will complete its financial analysis
and respond to Dougherty's request for the drainage system, and will also either
accept, reject, or counter Dougherty's request for payment set forth in
subparagra ph "a" above;
c. Request for protection of existing Daugherty (and two neighbors') connection to
Metro sewer line. fhe City will protect the Dougherty sewer connection referenced
in paragraph 3c above, assuming the City is able to walk the property with Mr.
Dougherty as contemplated in main paragraph g above,
Request for relocation of existing driveway. The City will move the driveway
referenced in paragraph 3d above, subject to the following: Within ten days after
the meeting referenced in main paragraph g above, the city shall present a
proposed driveway relocation drawing for Dougherty's approval, which approval
shall not be unreasonably denied. Within one week thereafter, Dougherty shall
either approve the City's proposed driveway relocation plan or propose changes; if
Dougherty offers no proposed changes within that time, then the Driveway plan
shall be deemed approved.
ln the event the Parties are unable to reach a final settlement by negotiation within 60
days after completion of the steps set forth above, then the City may refile its eminent
domain lawsuit to seek resolution through the judicial process.
a
b
d
9.
Kent-Dougherty Partial settlement and possession Agreement - 3
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10. To facilitate the payment to Dougherty referenced in paragraph 8a above, Dougherty
shall deliver to the City as soon as possible, but in no event later than January 3L,2A1,8,
a completed "Vendor lnformation Set-Up Form," a copy of which is attached as Exhibit
D.
11. This Agreement daes not chonge the legal ownership of the Acquisition Area.
Ownership of the Acsuisition Area will nol (:lrange Lrrrtilfinal compensatlon ls negotiated
or resolved through mediation, the judicial process, or otherwise.
L2. Reservation of all legol rights and remedies. By accepting payment of Si.5,000.00
pursuant to paragraph 8a of this Agreement, Dougherty does NOT express agreement in
any way whatsoever to the sufficiency of that payment as just compensation.
D<lugherty reserves all legal rights and remedies he may have concerning the City's
acquisition, concerning any drainage or water-runoff-related claims he may have, or
concerning anv other legal matter. This Agreement onlr/ (1) grants possession to a!!o';..,
the City to proceed with its Project and (2) resolves certain requests as set forth above,
13. Dougherty agrees that if agreement as to final compensation is not ultimately reached
through negotiation, then if the City must refile a condemnation petition in Superior
Court, Dougherty will stipulate as to the threshold issue of public use and necessity by
signing a "Stipulated Order of Public Use and Necessity" to be drafted by the City at the
City's expense.
14. The Parties agree that Dougherty's execution of this Agreement will be recognized as,
and will be accorded the same legal effect (prrrsuant to RCW 8.04.090) as, a judicial
Order Granting lmmediate Possession and Use, including affording to Dougherty the
potential right to recover attorney fees from the City, which right arises by statute when
(a) an owner has granted possession and use as Dougherty does here, (b) compensation
is ultimately determined bythe court or by jury, and (c) compensation awarded through
the court process exceeds by I0% or more than a written "30-day offer" (if any) made
by iire corrdernning agency 30 ciays before triai.
15. The Parties hereby agree to execute any other documents that may be necessary to give
effect to this Agreement.
lN WITNESS WHEREOF, this Possession and Use Agreement has been entered into
effective January 26, 20L8,
/t
//
Kent-Dougherty Partial Settlement and Possession Agreement - 4
8.C.a
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Craig W. Dougherty and Christine L. Dougherty
Craig W. Dougherty
f'
Christine L. Dougherty
City of Kent
Bv E;^
Chad Bieren, Public Works Deputy Director/ City Engineer
Approved as to form:
BV 7.t/
Kent Law Department
Exhibit List
Exhibit A
Exhibit B
Exhibit AL
Exhibit B1
Exhibit c
Exhibit D
Legal description of the Acquisition Area
Drawing showing the Acquisition Area
Legal description of the TCE area
Drawing showing the TCE Area
Superior Court Case Schedule
City of Kent Vendor Set-Up Form
Kent-Dougherty Partial Settlement and possession Agreement - 5
8.C.a
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EXHtBtr a
TAX LOT 8802400020
RIGHT OF WAY ACQUIS]TION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96.13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTII OF THE SOUTH LINE OF THE
NORTH 56,00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY. WASHINGTON.
CONTAINING 1,619 SQUARE FEET, MORE OR LESS.
utlo
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EXHtBtrLl
TAX LOT 8802400020
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96-13, RECORDED
UNOER RECORDING NO, 9609180827, LYING NORTH OF THE SOUTH LINE OF THENORTH 6.I.OO FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEASTQUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.[iI,, IN KINGCOUNTY, WASHINGTON, AND SOUTH OF THE SOUTH LINE OF THE NORTH 56.00 FEETOF SAID SUBDIVISION
CONTAINING 383 SQUARE FEET, MORE OR LESS.
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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
8.C.a
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EXHIBIT BI
PARCEL
# a722059A20
56.00'lr"1._* t
ruonrx r-rrtE sllz Nilz sfi
s 218TH ST
/4 SEC.7
0(v)
61.00'
a
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383 S0. FT
LOT 2 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # 8802400025
LOT 1 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # B8O24OOO2O
{
ry
IMPORTANT:
THIS IS NOT A SURVEY. II IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICAIED IIEREON WITH
REFERENCE TO STREET5 AND
OIHER LAND. NO LIAEILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON,Prolect # 14-3010
PW2013-030
l-Ir-
DOUGHERTY
TEMPORARY CONSTRUTION
EASEMENT
BY: TLM
SCALET 1":50'
LOCATEO IN THE NW 114 SE 1/4
SEC 7, TOWNSHIF 22 N,
RANGE 5 E, W.M.
CITY OF KENT
SURVtrY 1012412017
EXHIBIT
J'I
8.C.a
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EXHIBIT C
IN THE SUPERIOR COTIRT OFTIIE STATE OI.- WASHINGTON
IN AND FOR THt., COUNTY OF'KING
Ciry ofKent No. 17-2-32652-6 KNT
ORDUR SI'I"TING CONDOMNAI"IONILMiNINT DOMAIN
CASF] SC]I{EDIII,F)
Pctitioner(-s ),
vs
Craig & Christine Dougherty, et al.
Respondr:nt(s )
ASSICNE|) JLJIXiF: Bender, Johanna. Dcpr. 28
Irll.ED D,\ rn: 17ll8l7tJ17
I'RIAL DA'l'l:: 8/nnA18
SC0MIS ClODl:: *ORSCS
A Pctition lbr (lonttcmnatirtn and Lmincnt Domain has been flled in the King (irunty Supcrior Cburt ancl will bc
rnnaged by thc Casc Schedule on l)age J as orcierccl b.v the King County Superior Courl l)resitling judge.
I. NOTICFS
NOTICIi 'fO PETITIoNER: -l'hc l)etitioncr nuy sewc a cop,v of'this Order Sefting Case Schcdule (Schcdule) sn
thc ftesponr.lcnt(s)along r.vith the Sumrnons and Petition. Otherrvisc, thc Pctitioner shall servc LheSehedttleonlhe
Rcspondent(s)within l0 dtys alicr the latcr ol (l) Lhc filing olthc Suninmns and l)ctition or(2) 5^srvigc of 1fic
Respondcnt'siirstresponsctolhcPetition, whctherthatrcsponseisaNotice of Appearance, irresponsc,oraCivill{ule 12 ((lR l2) rnotiorl.'l'hc Schcdule nray bc scrved by rcgular mail, with ploot'ol'nr;riling to bc iilcd promptly in thclbrnr required hr.v Oivil ltule .5 (CR 5).
N(,ttcU 'lO At,l, PART'IIS: All attomeys and parties should make themsclves familiar wirh ihe King County l.ocal
Rules [KCLCRI, espccially lhoseref'crrcd t<-r in this Schedule. In ordcrto comply with the Schedule, it '"vilt be
neccs sary ltrr at'torncy s and partics to p urs ue their oase fi vigoraus ly firrm thc day thc casc is lllecJ. iror cramp le.
di'tcovery musl ht': rrnrieflak*n pmmptly in onlcrto comply rvith thoclcndlincs fbr joining additional parlics, r;laiur:, arrd
defbnses [See KCTCR l6.l], lordisclosing possiblewitnesses iSee KCLCR 26). andloi meeting thcdiscovery cutotT
date [See KCLCR 37(9)1.
"l undersland lhat I am required to give a copy af lhese documents to sll parties in this case.,,
Print Name Sign Name
8.C.a
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t NOTICES (continued)
PFI{DING DUE DATES CANCU.ED BY FILING PAPERS THAT RISOLVE THtr CASB
When a final decrce, judgment, or order oldismissal ol all narties antl {rlain:dr is flled with the Superior C-ourt Clerk,soflicc, and a courtesy copy delivocd to thc assigned judge, all p.n-ing du. dates in this Schetltieare automatically
canceled, including the schcduled'l-rial Date. It is thcresponsibility oithepa*ies to l) file such dispositivedocumentswithin45daysofthcresolutionofthecasc,and2)slrikeanypendingrnotions bynotifyingthebailill'krtheassigned
judge.
Parties may also authorizc the Superior Court ttt strike all pending due datcs and the'l'rial Date by filing a Notice ofSelllement pursuant to KCL.CR 41, and lorwarding a courtcsy copy to the assignedjudgc. ll a final clccree,;u4gment ororderof dismissal ol'all p*rlies ancl clajlns is not filed by 45 dayiafter a Nuticeaf seulemenr,thecascmay bodismisscd
with notice.
If you miss your schcduled Trial Date, Lhesupcrior Court Clerk is authorized by KCLCR 4l(bX2XA) to pflrsentanorder oJ'Dismlssal, without noticc, lor failure to appcar at the schedulecl'l-rial Date.
NOTICES OF APPTARANCB OR WI'I'HDRAWAI, AND ADDRESS CHANGES:
All parlies ta this action must keep the courl informetl a/ rheiraddresse.s. When a Notice of'Appear.ance/Wilhdrawal orNoticc of Change olAddress is filetj with the Superior (lourt (llcrk's Olfice , partics must provide the assignedjuclgcwith a cclurlesy copy.
NOTICE OI,' NON-COMPLIANCE FEES:
All parties will be assessed a fee aulhorizcd by King County Code 4A.630.020 whencver the Superior Court Clerk must
send notice olnon-compliance of schedulerequirements and/orLncal Rule 41.
King County Local Rules are arailable for viewing at rn{ry.klnsc-guntv.gov/cpurtslclerk.
8.C.a
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II. CASE SCHEDLTLE
Ihe lhat must be iikd rvitb thg Supcrior Court by sho\tl.
III. ORDER
Piiisiiiiii'riu iicvisctiCocie uiWasiriugion(R.C.W.; 8.08.04i), E.i2.(i{)0 anci King C.ounrv irrclti iiuie 4 [KL.i .C:R 41, ii
lS ORI)Lit{llD lhat the parlies shall comply with the schedulc listcd abovc. [)enalt ics. including but nol limitccl trr
sanctions sct lorlh in l.ocal Rulc 4(g) and Rulc 37 of thc Superior (irurt Civit Rulcs, rrury be irrp<lsetl for tailurc kt
r"rtrr4tl,v. It ir lrt IR'l'{-lF,R f )Rl)l'lRt':f) that thc pafty tlling [his action rnust ser.rc this (]rtlur ,\'ettrng
Condemnulittn/l'.nine nl !)omain Cetse Schedule antl attachmcnt on all othcrparlies.
::i-. ,lI Zz.c+t .. , ,::i4*-
DArnD: 12118i2017
PRT|SIDING JLIDCE
CASB E!'ENTS DATE
Petition tbr Condemnation Filed and Schedule Issued tut&t2$t7
DEADL{NE lbr |iling of'Noticc For Public Use andNecess ity llcaring Caiendar t/29/201.8
DEADI,INE r Irial Date ues t.zna20t8
f),ltt I)emand K('L l.DFADLINE ftrr Discov Cuto KCI,C1137
7/1u2018
6/25t2018
DEADLINE fbr dL Resolutinn lK('l.CR I 7il6/2018
DBADLINE to l:xchange Witness& lr\hibit t,isrs & Docurncnrary Exhitjii-K{'t."('R 4(i)7/23/20t8
DEAIILINE toljile Joint (bntirnration ot'Trial Readiness lKCt-CR l6 712312{lt8
Joint Statemcnl o encc KCI,CR 4 I.816120lt1'l rial l)ale L 4 8/t3/2Qt8
8.C.a
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IV. ORDER ON CIVIL PROCTiFDTNCS FOR .,\SSIGNVIEI{I' TO .ITJDGE
RI,.AD T'HIS ORDI.R tsEFORE CON'|ACTING YOTJR ASSIGNED JI;DCE.'l'his case is assigned l.o the Superior Courl Judge whose name appears in the caprion o{'this oase sche6ulc. 'l'hc
assigncd Superkrr C'ourt Judgc rvill plcside ovel and n.unage this case iirr all prctrial malt.crs.
COMPLD( I'TTICATION: Ilyou anlicipatc an unr.tsuallv conplex or lcngthy triai, pleasc notify !he assignecl cclurl
as soon as possibie .
APPLICABL0 RIJLIIS: l;)icept as specilically rn<>clilied bclorv, all the provisionsr>f'King (lounry lncal Civil Rulcs 4lhrotrgh26 shall apply to the piocessingolc:ivil cases bcfbre S,"rperirlr ()oud .Lrclgcs. 'l'hc liical oiuil rules can bc liruntlat rvrvr.v.kin gcguntv.goy/surulglelcrk/[r les/Civ il.
cASr.t scHED tjl.E ANt) R|,QUItrENt r,tN.l.s
ttu tc 4.
l)catilincs arc set b_v the casc schcdulc. issued pirrsuant to [,ocal C_-ivil
I'H[ PAR'l'lls ARB RLSPONSIBLE r.'oR KNowrN(; AND corv-rpr.yrN(;IMPOS!D BYTHI] COUR'T''S I,O(]AI, (;IVII, RTJI.LS.
wrril Al.t, D[ t)t,tNl.]s
A. Joint Confirmation regarding Trial Roadiness Regrrt
No latcr tharr trve nty onc (2 l) clays belirrc thc trial clalc, pafties shall conrprlcte and liic (rvith a copy to the assignerJ
ludge) a joint conlirrnation roport scltlng firrtl,' i.vhclhcl a.iury dcnrlntl has hccn filed. rhceqrcctcrd <iuration ,{-thc trial,
r.vhcthera scltlcmcnt conl'crencc has becn hclci. ancl :ipccisl probicms antl ncecis (c.g., itrterprctcrs, c(luiptrcnt)_
I he Joint (-linlinnation l{egarding'l'rial licaclincss fbnn is avaiiable: ar rvww.kinSi.lrunty.gov/Lr:urtslscfbmn. l{'parlies
r'vish to rcqucsla (lR l6 conlbrencc, lhey rnusr contacl rhe assigneri courr. Plaintil{-srpctiiklncris c6unsetis rcsp'nsible:lirr conlacling lhc other partics rcgarcling the rcporr.
B. S cttlement/Vlcdiatio n/A DR
a' ljofty {ivc (4-5) days bclirrc the trial dale, counscl tirl piairrtif f/pt'ritirrntr shail srrbmir a rvrittcn scllemsntclemand. I'en {lf}) days aflcl'rece iving plaintill'slpetitioner's ,uiitt"u demancl, oourrsel lbl cie icnclanri.csnontlcnt shall
lespond (with a coulltcr o{lbr, il appr.oprial.c).
b'Trventyeighl(28) cla.vsbclorcthctrial datc,aScttlcrncntl\{crliatirinlADl{ cunfbrcnccshall havchccn
held. FAIL{JI{lt 'l'O CIOMPI.Y WI'lll'l'f ttS Sl.:l'l'l.F:!11]N"t (l()Nu:RENC]i Rtje{ jtRIiN,tF.Nl tvtAy ttF^S{J1.t' thNSANC:I'IONS.
C. Trial
'l'riai is scheduicd {ilr 9:00 d.m. on the dalccln tlte case schei.lulcolils soon rhcr.ealtcr4s convcnccl lry lhc court. ]'he
Irriclay bcbie lrial, thc partics shoultj access thc oourt's civil standby calcnclar.on thc King County Supcrior C\rurt
rvebsitcwww.kingcounly.govlcourtslsuperiorcourt ioconflrm thetriai juclgcassignnrcnt.
MOT'IONS PROCFI)TIRF]S
A. Noting of Motions
Dispsitile Motions: All summary .iuclgment or- other dispositive nxrtions rvill [rc hcarij *rith oral argunrcnt bctirrc the
assigned.iudge' I'hc nrilving p(trty musL rtrrrlnge with tlre hcari;rg judge a cJateand tirnc lor thcheari'g, consistentwiththecottrtl1rlcs. [-ocal Civil Ruie Tand[.ocal Civil l{ule s6 govempit,ceclureslor.sunnrary judgnrent orot6cr.nxrtionslhatdisposeolthe case in whole <lr in parl. The local civil ruics can be lirund ar
wrvrv.kin gco u nly. go vlcou rtslclurUru leslCiv il.
Non-dispositiw Motions: I'hese rctions, which inclucle cliseovery nrrtkrns, rvill be nrleci on by the assigned judge
withoutoral atgument,unlessotherviseoldered. Ail suchmotionsmustbenotedloradare bywhichtheruling ii
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requested;thistlatemusllikerviseconfbrmtotheappiicablcnoticeieqriireinents. Rathelrhannotingatimeofday,the
Notelor-Vlolionshouldstale "WithoutOral Argumcnt." Locai Civii ttule Tgoverns'rhesenntions,which includc
disctlvery motions. Thc losal civil rules can bc fbund at rvrvw.kingcourrll.g,ovlg*!rts/clerky'nrles/(livi[.
IVlotion.s in Family Law Cases not inl'olving children: l)iscover] motbns to compci, motions in limine. molit-:ns
rclating Lo trial dalcs and motk>ns to vacatejudgmentsldismissals shali bc broughtbclbrc thcassigncdjudgc. All other
motions should be notcd and hcard on lhe lramily Lar.v Vlotions calend:lr'. l-ocal Civil Ruic 7 and King County Family
l,aw l,<lcal fiulcs grtvcm lhesrlpror:edrrres The lor:31 n1{r5 r..an i.'r-'firr.rnd at ujlvrr'.kinucttuntJ,gov&ourirloltrrli/rulsli.
l'incrgency Motions: IJnder Lhe couft's ltrcal t:ivil rules. emcrgenov r.rxrticrns rvill usuall-v 'nc allowecl only upon cnlry
ot'an Ordcl Shortcning lime. llorvcver, somc emergerlcy motions nury bc broLrghtin 1hel-ix Partcand Probatc
Dr:parlmcnl as expressly authorizcd by bcal rule. ln addition, discoven- elisputes ni:ry bcacltlressctl by telcphonecall
and without wrilten nrotkrrr, i{'the,iudge appr()ves in adt'uncc.
D /}-:^:.,^t t\^^.,.-^-1,,/rr/-.-r,:--- /\^-r.-^t r':rl-- -!u. 1,r rtsrrrdr uui utrrsrrit/ rr rrl ^rlrH, t Ultrr/ rlltllB (rl IrutUtnelltS: rlll Ol'lfllllill (X)CllmCnIS mll\I tn llle{t l/llIn nlc
Clcrk's ()ffice. I)lcesc soc infirrrwttion olI lhc Clerk's Ollicc rvctrsi'rc el wrwv.kingcgtlntl.govlcourts/e lcrk regarcling
thc rccluircnrcnt or"rl.linccl in l.(ilt l0 that atiolneys musI c-lile clocumerrts in King (irunty Supcriur Coilrt. lhc
exceptitrn.s to thc e-liling requiremLrnl are also availablc on thcClerk's Ofllce u,cbsiic. -i'he krcal rules cnn be {iruncl at
w\yrv.kingoou n t.y.gu v/eo u 11$lclcrk/(l lc$.
'l'hcwoi'kingcopiesol'all docrtmcnlsinsupporloropposilionnrustbcrrrarkcil oni.heuppclrightcomcrol'thcfir.stpagc
rvith thcdate of con.siclcratitrnurhcaling andthcnanre ol'lhe assigned.iudge. .l hcassigneti.iudgc'sr.vor.king co;'rics
muslbcdclivercdtohis/hercoudr'oonr{)rthc.lldr)r::i'rlriilroonr W,rrkingi.rlpi*sr.r{'nrr.rikrnstobehcitrtJonthcFamill,
l,aw lVlotions (lalcndal shoLrltl be liled r,vith thc Fanrily l,arv Vtotions Cirordinalor. Working copies can hc sLrbnri[cd
thnrLrgh thc (llelk's o{}icc tr-ljiling applicalion irt rvwlv.kinecountv.eav/courtslclerk/ducunrnts/cl#C.
Scrvicc of tlocuntents: Pursuant l.o [,ocatl (enerul l{ulc 30(bX4XB), c-filed rjocurncrris shail be elccironicaily scrvccl
throtrgh thc e-Scrvicc I'caturc within thc Clerk's cIiling application. [)re-registr:rlirrn io acccpt c-scrvice is rcquired. li
Serviccgcncratcsarecot'dol'serviccdocurnentthatcanbee-lilcd. l]leascsccthcClicrk'soillecr.vcbsitcat
lr.lr'w.king!:gunty.govl$rlu1s/cl*rlddocurrrcnts/sliling rcgarcling l,.Ser-uicrc.
Original ProJnsed Order: l':rch of'the partics nnrst includcan or'iginal prol:osedr,ri"iiclgrantinr requeslcdreiiel'with
thc rvtrt'king copy nratcrials subrnitted on anv nmtion. f)o not file the original of th(r proposed order with thc Clerk
of thc (lourt. Should iin)' purt!'dc:;it'e a copy ol- lhc orcicl a:; signcd an<j trlccl by the.jutigc. * olc-addrcsscri,statupccl
envcl0pcshali accorn;tany thcproposetlordcr. 'lhccout'l nray distribLitcorcicrs clcglnrnically. Reviclv lhcr-iudgc's
rvcbsitc lilr inlirnnation: rvrvrr.kingcuunt]..gov/ctr.urlslsuperiortltrurt/juclges.
Presentation of Ortlers tbr Signafure: All orclcrs must be prescntcti to thc assiqncd iudge or lo thc Lx I)artc anil
Probate Dcpartment, inaccordancer.vith lncal (livil I{Lrlcs40 anti4(). 1. SLichordcis,if'prcsenLeel tolhel;x Partcaltl
l)urbatc I)cpanmcnt. shirll be subrnittcd thlough the I:-[:ilirrgrt;x Pirrle via the L]lelk appiication b.y the altcrnrcy-(s)ql
recttrtl. L-liling is notretluirctl lbrsell:rcprcsentcd;rirrlics (non-atLorncls). Ii'tliL:assignctl judgcis abscnl,contacLthc
thc ass igncd.iudge with a copy.
[rroJxrsed orders finalizing settlemenl andlor dismissal by agreemcnt ofall gartics shall be presented tothc F,x
Pltrtcand Probate Department. Suchordersshall bcsubmtttcdthroughthcU-l.ilinglF)x I)arrcviatheCllerk
applicalion by the att.orney(s)of I'ccortl. Fl-filing is not requircti {br sclf:represcnfcd parlics (non-attorneys). I"orntrl
proof in Iamily f-,ar.v cases must bc schedulcd bclorc the assignctl,iutlgc by cttntaciitrg the hailill. or lirrmal pr()ol may
bc entc|cd in llre [x Pa(e l)cparlment. lf final order irntllor formal proof arc entered in the Fi. Parte and Probate
l)epartment, counsel is responsiblc for providing the assigncdjutfic with a copy.
(1, l,'ornr
Pttrsuantto [.tlcal Cii il Rule 7(bX,5XB), the inilial nntion and opposing mctltoranrJum shai] not ercecd 4.200 rvqrds
and reply nrcmoranda shall not ex-eed I,750 ivords without authori;ation of the cciuil. Thc rvorcl count includcs all
porlions ollhe document. including headings and fuotnolcs,excepl l) the capibn;2) table oi-contcnts andlot.
authorities, if any; and 3): the signature block. Ovcr-length mcnoranda/briet.s and nxlLions suppor.led by- such
memoranda/briefs nray be stricken.
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IT IS SO ORDERED, FAILTJRE TO COMPLY WITH THE PROVISTONS OF THIS ARDER MAY R.ESULT TNDTSMISSAL OR OTHER SANCTIONS. PLAINTTFF/PEITITONER SHALL FORWARD I COPY OF THIS
ORT'ER AS SOON AS PRACTTCABLE TO ANY PARTY WHO HAS NOT RECEIVED TKTS ORDER,
(7]L. *, - (;:rA__*"
PRESIDING JUDGE
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RIGHT OF ENTRY AGREEMENT
THIS Agreement, effective August _, 2O2O, is between Craig W. Dougherty and
Christine L. Dougherty ("Owner"), and the City of Kent, a municipal corporation (the
"City").
Owner owns a fee simple and/or has a substantial beneficial interest in the following
described real property: 2L92O 93'd Avenue S., WA 98032, Tax Lot: 880240-0020
("Property");
City desires temporary access to the Property for purposes of construction of an
access road, drainage improvements and creek enhancements ("Activity");
NOW, THEREFORE:
AGREEMENT
1. In consideration of City's performance of the agreements expressed in this
instrument, Owner hereby conveys and warrants a temporary Right of Entry on the
Property to City, its agents and employees, subject to and conditioned upon the terms,
conditions and covenants in this Agreement, which the City hereby promises to faithfully
and fully observe and perform.
2. This Right of Entry shall commence on the date of first entry by the City on
the Property ("Commencement Date") and shall terminate October 3L,2O2O.
3. In the event that any improvements or land contours on the Property are
altered, removed, or damaged by the City, its agents, or employees, during the Activity,
the City shall repair and restore such improvements or contours to the same condition as
it was immediately prior to the Activity or as agreed with Owner.
4. City shall indemnify and hold Owners harmless from and against any and all
loss and damages caused by the Activity under this instrument or any wrongful or negligent
act or omission of its agents or employees in the course of their employment with the City.
5. City shall exercise its rights under this Agreement so as to minimize, and
avoid if reasonably possible, interference with Owner's use of the Property. City shall at all
times conduct its activities on Owner's property so as not to interfere with, obstruct or
endanger Owner's activities and improvements.
OWNER CITY OF KENT:
By By:
Name:Name:
Title:
By
',
Name:
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Drainage Easement Page 1
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
DRAINAGE EASEMENT
THIS INSTRUMENT made this _____ day of __________________, 2020, by
and between CRAIG W. DOUGHERTY and CHRISTINE L. DOUGHERTY, husband and
wife (collectively "Grantor"), and CITY OF KENT, a Washington municipal
corporation of King County, ("Grantee" or “City”):
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, a perpetual, nonexclusive drainage
easement under, over, through and across the property situated in King County,
Washington, specifically described in Exhibit “A” and graphically depicted in
Exhibit “B”, both of which are attached and incorporated herein (the “Easement
Area”). The Grantor agrees that this easement touches and concerns the land
described in Exhibit A, and that this easement shall run with the land.
City shall have the right, without prior institution of any suit or proceeding at
law, at such times as may be necessary, to enter the Easement Area and access
immediate adjacent areas with the necessary equipment and personnel for the
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Drainage Easement Page 2
purpose of inspecting, maintaining, improving, repairing, constructing, and
reconstructing the storm drainage to control surface water, erosion, maintenance of
slope stability, and protection of water quality.
When exercising its rights under this easement, City will avoid damaging any
private improvements existing within or adjacent to the Easement Area and City will
restore private improvements damaged by City’s actions to as good condition as
they were immediately before the Easement Area was entered upon by the City.
The Grantor agrees not to interfere with City’s rights under this easement.
Interference includes, but is not limited to any obstructions that would impede the
City’s ingress and egress or access to the Easement Area or physically modifying
the Easement Area.
This easement shall be a covenant running with the land forever and shall be
binding on the Grantor’s successors, heirs, and assigns.
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
(Notary Acknowledgement on Next Page)
8.C.b
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Drainage Easement Page 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. Dougherty
and Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be
their free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
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EXHIBIT
TAX LOT BBO24OOO2O
DRAINAGE EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01"01'22" EAST 213.95 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 01"01'22" EAST 27.35 FEET; THENCE NORTH
66'04,42" EAST 133.22 FEET TO THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG
SAID EASTERLY LINE, SOUTH 25'15'37" EAST 20.00 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 56"10'00'WEST 93.37 FEET; THENCE SOUTH 78"01'46" WEST
54.42 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,051 SQUARE FEET, MORE OR LESS
i|dile
?' -13 2up
8.C.b
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EXHIBITSCALE:
DATE:8/13/2020
1"=60'
DOUGHERTY
DRAINAGE EASEMENTLOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.DRAWN BY:TLM
CITY OF KENT
LAND SURVEY SECTION
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
L O T 1 CIT Y O F K E N T
S H O R T P L A T N O. S P-96-13
P A R C E L # 8802400020
4,051 SQ. FT
S 218TH ST
93
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S
L O T 2 CIT Y O F K E N T
S H O R T P L A T N O. S P-96-13
P A R C E L # 8802400025
Project # 14-3010
PW2013-030
56'
40.5'
N0
1
°
0
1
'
2
2
"
E
2
1
3
.
9
5
'
N 6 6 °0 4 '4 2 "E 1 3 3 .2 2 '
Line Table
Line #
L1
L2
Length
27.35'
20.00'
Direction
N 01°01'22" E
S 25°15'37" E
L3 54.42' S 78°01'46" W
L1
L
2
S 5 6 °1 0 '0 0 "W 9 3 .3 7 '
L3
POINT OF COMMENCEMENT
POINT OF BEGINNING
8.C.b
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Access Easement Page 1
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
ACCESS EASEMENT
THIS INSTRUMENT made this _____ day of __________________, 2020, by
and between CRAIG W. DOUGHERTY and CHRISTINE L. DOUGHERTY, husband and
wife (collectively "Grantor"), and CITY OF KENT, a Washington municipal
corporation of King County, ("Grantee" or “City”):
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, a perpetual, nonexclusive easement for
ingress and egress for the purpose of transporting City personnel and their
equipment under, over, through and across the property situated in King County,
Washington, specifically described in Exhibit “A” and graphically depicted in
Exhibit “B”, both of which are attached and incorporated herein (the “Easement
Area”). The Grantor agrees that this easement touches and concerns the land
described in Exhibit A, and that this easement shall run with the land.
City shall have the right, without prior institution of any suit or proceeding at
law, at such times as may be necessary, to enter the Easement Area and access
immediate adjacent areas to transport necessary equipment and personnel. The
8.C.c
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Access Easement Page 2
Grantor agrees not to interfere with City’s rights under this easement. Interference
includes, but is not limited to any obstructions that would impede the City’s ingress
and egress or access to the Easement Area or physically modifying the Easement
Area.
When exercising its rights under this easement, City will avoid damaging any
private improvements existing within or adjacent to the Easement Area and City will
restore private improvements damaged by City’s actions to as good condition as
they were immediately before the Easement Area was entered upon by the City.
This easement shall be a covenant running with the land forever and shall be
binding on the Grantor’s successors, heirs, and assigns.
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
(Notary Acknowledgement on Next Page)
8.C.c
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Access Easement Page 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. Dougherty
and Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be
their free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.C.c
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EXHIBIT -
TAX LOT BBO24OOO2O
ACCESS EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01"01'22" EAST 241.30 FEET; THENCE NORTH 66'04'42'
EAST 44.61TO THE POINT OF BEGINNING; THENCE NORTH 02"00'24" WEST 80.48 FEET;
THENCE NORTH 12'28'26'WEST 51.56 FEET TO THE SOUTH LINE OF 2181H STREET;
THENCE ALONG SAID SOUTH LINE, NORTH 89"57'07" EAST 10.24 FEET; THENCE
LEAVING SAID SOUTH LINE, SOUTH 12'28'26" EAST 50.27 FEET; THENCE SOUTH
02'0Q'24" EAST 77.44 FEET; THENCE SOUTH 66"24'5Q" WEST 10.75 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1,299 SQUARE FEET, MORE OR LESS
8-t! 2oa.,
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EXHIBITSCALE:
DATE:8/13/2020
1"=60'
DOUGHERTY
ACCESS EASEMENTLOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.DRAWN BY:TLM
CITY OF KENT
LAND SURVEY SECTION
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # 8802400020
1,299 SQ. FT
S 218TH ST
93
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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
8.C.c
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WHEN RECORDED RETURN TO:
City of Kent
220 4th Avenue South
Kent, WA 98032
Attn: City Clerk
Temporary Construction Easement
Page 1 of 3
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
TEMPORARY CONSTRUCTION EASEMENT
EASEMENT granted this ____ day of 2020, by Craig W. Dougherty
and Christine L. Dougherty, husband and wife ("Grantor"), to CITY OF KENT, a
Washington municipal corporation ("Grantee" or “City”).
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, in lieu of condemnation, a temporary
easement, including reasonable rights of ingress and egress, through and across
a portion of tax parcel 880240-0020, also known as 21920 93rd Avenue S., Kent
WA situated in King County Washington, specifically described in Exhibit A and
graphically depicted in Exhibit B, (the “Easement Area”), to be used only during
construction of improvements in conjunction with the 224th/228th Street East Leg
Phase II Project (“Project”).
The temporary construction easement and right of entry shall remain in
force during construction of the Project, and until such time as all of the
improvements constructed during, and pursuant to, the Project, and any
appurtenances thereto, have been accepted and approved for maintenance and
operation by the City of Kent. This temporary construction easement shall
terminate automatically upon the acceptance of the Project by the City.
8.C.d
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Temporary Construction Easement
Page 2 of 3
City shall have the right, without prior institution of any suit or proceeding
at law, at such times as may be necessary, to enter upon the Easement Area for
the purpose of construction of improvements pursuant to the Project, provided
that the construction of these improvements shall be accomplished in such a
manner that the existing improvements on the Property shall not be disturbed or
destroyed, or if they are disturbed or destroyed, they will be replaced in as good
a condition as they were immediately before the Property was entered upon by the
City. In addition, City shall use commercially reasonable efforts to avoid interfering
with Grantor’s normal course of business on its adjacent property as City exercises
its rights hereunder.
City shall at all times exercise its rights under this temporary construction
easement in accordance with the requirements of all applicable statutes, orders,
rules and regulations of any public authority having jurisdiction.
Grantor agrees not to interfere with City’s rights under this easement.
Interference includes, but is not limited to creating any obstructions that would
impede the City’s ingress and egress or access to the Easement Area.
The rights granted by Grantor to City under this agreement are for the
limited purpose of allowing City temporary entry on to the Property for construction
of the Project. Nothing herein shall be construed as a permanent conveyance of a
real property interest from Grantor to City.
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
(Notary Acknowledgement on Next Page)
8.C.d
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Temporary Construction Easement
Page 3 of 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. and
Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to
be their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
EXHIBIT A
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Printed Name)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.C.d
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EXHIBIT
TAX LOT 8802400020
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 61.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, AND SOUTH OF THE SOUTH LINE OF THE NORTH 56.00 FEET
OF SAID SUBDIVISION.
CONTAINING 383 SQUARE FEET, MORE OR LESS
i$8n
uit9
lol24 /-Pt?
8.C.d
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PARCEL
# 0722059020
56.00'S 218TH ST
NORTH L|NE S1/2 N1/2 SE1/4 SEC.7 oco
61.00'
atu
ot(qo)
383 SQ. FT
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96.13
PARCEL # 8802400025
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # BBO24OOO2O
INIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
Project # 14-3010
PW2013-030
LOCATED IN THE NW 1/4 SE 1/4
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W.M.GWaaxrratci
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
TEMPORARY CONSTRUTION
EASEMENT
DRAWN BY: TLM EXHIBITSCALE:1"=50'
DATE: 1012412017
8.C.d
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WARRANTY DEED - Page 1 of 2
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Craig W. Dougherty and Christine L. Dougherty
Grantee: City of Kent
Abbreviated Legal Description: Ptn Lt 1, C/Kent SP 96-13, 9609180827,
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No.: 880240-0020 STR: 7-22-5
Project Name: S. 224th Street Project Phase II/14-3010/PW2013-030
WARRANTY DEED
THE GRANTOR, Craig W. Dougherty and Christine L. Dougherty,
husband and wife, for and in consideration of Ten Dollars and No/100 ($10.00)
and/or other valuable consideration in hand paid, conveys and warrants to the City
of Kent, a Washington municipal corporation (“Grantee”), under the imminent
threat of Grantee’s exercise of its rights of eminent domain, all its interest, including
any after acquired title, in the real property described and depicted in the attached
and incorporated Exhibits A and B, situated in King County, Washington, and
subject to the conditions listed on Rainier Title Order Number 695390RT, Schedule
B, Part II, paragraphs 12 through 26, as set forth in Exhibit C, attached and
incorporated.
(Signatures on following page)
8.C.e
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WARRANTY DEED - Page 2 of 2
GRANTOR:
Name: Craig W. Dougherty
Date:
Name: Christine L. Dougherty
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Craig W. Dougherty
and Christine L. Dougherty are the individuals who appeared before me, and said
individuals acknowledged that they signed this instrument and acknowledged it to be
their free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.C.e
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EXHIBIT -
TAX LOT 8802400020
RIGHT OF WAY ACQUISITION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 56.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON,
CONTAINING 1,619 SQUARE FEET, MORE OR LESS,
/ o/lrl/Jur1une
8.C.e
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PARCEL
# 0722059020
S 218TH ST
NORTH LINE S1/2 N1/2 SE1/4 SEC. 7
I(v)
56.00'
U)
IJJ
otr(Y)o)
LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96.13
PARCEL # BBO24OOO25
LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # BBO24OOO2O
I
ryIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILIry IS
ASSUMED BY REASON OF
RELIANCE HEREON,Project # 14-3010
PW2013-030
1,619 SQ. FT
LOCATED IN THE NW 1i4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W,M.G
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
ROW ACQUISITION
DRAWN BY: TLM EXHIBITSCALE:1"=50'
DATE: 1012412017
8.C.e
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EXHIBIT C
Rainier Title Order Number 695390RT
Schedule B, Part II, Paragraphs 12 through 26
8.C.e
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8.C.e
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DATE: September 15, 2020
TO: Kent City Council
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.
8.D
Packet Pg. 83
ATTACHMENTS:
1. Phillips Exhibits (PDF)
09/08/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/15/2020 7:00 PM
8.D
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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
8.D.a
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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
8.D.a
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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
8.D.a
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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.
8.D.a
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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,
8.D.a
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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.
8.D.a
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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
8.D.a
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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.
8.D.a
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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:
8.D.a
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Page 1 of 1
ORDER NO. : 5207167464
EXHIBIT A
The land referred to is situated in the County of King, City of Ravensdale, State of Washington,
and is described as follows:
That portion of the East half of the East half of the Southwest Quarter of the Northwest Quarter
of the Southwest Quarter of Section 25, Township 22 North, Range 6 East, W.M., in King
County, Washington, lying South of Kent Kangley Road;
EXCEPT the East 20 feet thereof.
SITUATE in King County, Washington.
Property Address: 26127 Southeast Kent-Kangley Road, Ravensdale, Wa 98051
ABBREVIATED LEGAL
Section 25, Township 22 Range 6 NW 1/4, SW ¼, records of King County, Washington.
Tax Account No.: 252206-9100-09
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 1 of 9
Improved Ver. Effective 3-10-20
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the property write "NA." If the answer is "yes" to any * items, please explain
on attached sheets. Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each page of this disclosure
statement and each attachment. Delivery of the disclosure statement must occur not later
than five business days, unless otherwise agreed, after mutual acceptance of a written
contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT 26127 SE Kent-Kangley Road, Ravensdale, WA 98051 ("THE
PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER
OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMEN T TO YOU TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS
OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE
ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER
AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL
PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN
PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION,
DEFECTS OR WARRANTIES.
Seller is/ is not occupying the property.
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 2 of 9
Improved Ver. Effective 3-10-20
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
[ ]
Yes
[ ]
No
[ ] Don't know A. Do you have legal authority to sell the property? If no,
please explain.
[ ]
Yes
[ ]
No
[ ] Don't know *B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ]
Yes
[ ]
No
[ ] Don't know *C. Are there any encroachments, boundary agreements, or
boundary disputes?
[ ]
Yes
[ ]
No
[ ] Don't know *D. Is there a private road or easement agreement for access to
the property?
[ ]
Yes
[ ]
No
[ ] Don't know *E. Are there any rights-of-way, easements, or access
limitations that may affect the Buyer's use of the property?
[ ]
Yes
[ ]
No
[ ] Don't know *F. Are there any written agreements for joint maintenance of
an easement or right-of-way?
[ ]
Yes
[ ]
No
[ ] Don't know *G. Is there any study, survey project, or notice that would
adversely affect the property?
[ ]
Yes
[ ]
No
[ ] Don't know *H. Are there any pending or existing assessments against the
property?
[ ]
Yes
[ ]
No
[ ] Don't know *I. Are there any zoning violations, nonconforming uses, or any
unusual restrictions on the property that would affect future
construction or remodeling?
[ ]
Yes
[ ]
No
[ ] Don't know *J. Is there a boundary survey for the property?
[ ]
Yes
[ ]
No
[ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded
against the property?
2. WATER
A. Household Water
(1) The source of water for the property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the subject property
*[ ] Other water system
[ ]
Yes
[ ]
No
[ ] Don't know *If shared, are there any written agreements?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access
to and/or maintenance of the water source?
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 3 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know *(3) Are there any problems or repairs needed?
[ ]
Yes
[ ]
No
[ ] Don't know (4) During your ownership, has the source provided an
adequate year-round supply of potable water? If no, please
explain.
[ ]
Yes
[ ]
No
[ ] Don't know *(5) Are there any water treatment systems for the property? If
yes, are they [ ]Leased [ ]Owned
[ ]
Yes
[ ]
No
[ ] Don't know *(6) Are there any water rights for the property associated with
its domestic water supply, such as a water right permit,
certificate, or claim?
[ ]
Yes
[ ]
No
[ ] Don't know (a) If yes, has the water right permit, certificate, or claim been
assigned, transferred, or changed?
*(b) If yes, has all or any portion of the water right not been
used for five or more successive years?
[ ]
Yes
[ ]
No
[ ] Don't know *(7) Are there any defects in the operation of the water system
(e.g. pipes, tank, pump, etc.)?
B. Irrigation Water
[ ]
Yes
[ ]
No
[ ] Don't know (1) Are there any irrigation water rights for the property, such
as a water right permit, certificate, or claim?
[ ]
Yes
[ ]
No
[ ] Don't know *(a) If yes, has all or any portion of the water right not been
used for five or more successive years?
[ ]
Yes
[ ]
No
[ ] Don't know *(b) If so, is the certificate available? (If yes, please attach a
copy.)
[ ]
Yes
[ ]
No
[ ] Don't know *(c) If so, has the water right permit, certificate, or claim been
assigned, transferred, or changed?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) Does the property receive irrigation water from a ditch
company, irrigation district, or other entity? If so, please
identify the entity that supplies water to the property:
C. Outdoor Sprinkler System
[ ]
Yes
[ ]
No
[ ] Don't know (1) Is there an outdoor sprinkler system for the property?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) If yes, are there any defects in the system?
[ ]
Yes
[ ]
No
[ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation
water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by:
[ ] Public sewer system,
[ ] On-site sewage system (including pipes, tanks, drainfields,
and all other component parts)
[ ] Other disposal system, please describe:
[ ]
Yes
[ ]
No
[ ] Don't know B. If public sewer system service is available to the property, is
the house connected to the sewer main? If no, please explain.
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 4 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know *C. Is the property subject to any sewage system fees or
charges in addition to those covered in your regularly billed
sewer or on-site sewage system maintenance service?
D. If the property is connected to an on-site sewage system:
[ ]
Yes
[ ]
No
[ ] Don't know *(1) Was a permit issued for its construction, and was it
approved by the local health department or district following its
construction?
(2) When was it last pumped?
[ ]
Yes
[ ]
No
[ ] Don't know *(3) Are there any defects in the operation of the on-site
sewage system?
[ ] Don't know (4) When was it last inspected?
By whom:
[ ] Don't know (5) For how many bedrooms was the on-site sewage system
approved?
____ bedrooms
[ ]
Yes
[ ]
No
[ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected
to the sewer/on-site sewage system? If no, please explain: . . . .
[ ]
Yes
[ ]
No
[ ] Don't know *F. Have there been any changes or repairs to the on-site
sewage system?
[ ]
Yes
[ ]
No
[ ] Don't know G. Is the on-site sewage system, including the drainfield, located
entirely within the boundaries of the property? If no, please
explain.
[ ]
Yes
[ ]
No
[ ] Don't know *H. Does the on-site sewage system require monitoring and
maintenance services more frequently than once a year?
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING
COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER
IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR
ITEM 5. SYSTEMS AND FIXTURES
4. STRUCTURAL
[ ]
Yes
[ ]
No
[ ] Don't know *A. Has the roof leaked within the last five years?
[ ]
Yes
[ ]
No
[ ] Don't know *B. Has the basement flooded or leaked?
[ ]
Yes
[ ]
No
[ ] Don't know *C. Have there been any conversions, additions, or remodeling?
[ ]
Yes
[ ]
No
[ ] Don't know *(1) If yes, were all building permits obtained?
[ ]
Yes
[ ]
No
[ ] Don't know *(2) If yes, were all final inspections obtained?
[ ]
Yes
[ ]
No
[ ] Don't know D. Do you know the age of the house? If yes, year of original
construction:
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 5 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know *E. Has there been any settling, slippage, or sliding of the
property or its improvements?
[ ]
Yes
[ ]
No
[ ] Don't know *F. Are there any defects with the following: (If yes, please
check applicable items and explain.)
□ Foundations □ Decks □ Exterior Walls
□ Chimneys □ Interior Walls □ Fire Alarm
□ Doors □ Windows □ Patio
□ Ceilings □ Slab Floors □ Driveways
□ Pools □ Hot Tub □ Sauna
□ Sidewalks □ Outbuildings □ Fireplaces
□ Garage Floors □ Walkways □ Siding
□ Other □ Woodstoves □ Elevators
□ Incline Elevators □ Stairway Chair Lifts □ Wheelchair Lifts
[ ]
Yes
[ ]
No
[ ] Don't know *G. Was a structural pest or "whole house" inspection done? If
yes, when and by whom was the inspection completed? . . . .
[ ]
Yes
[ ]
No
[ ] Don't know H. During your ownership, has the property had any wood
destroying organism or pest infestation?
[ ]
Yes
[ ]
No
[ ] Don't know I. Is the attic insulated?
[ ]
Yes
[ ]
No
[ ] Don't know J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
*A. If any of the following systems or fixtures are included with
the transfer, are there any defects? If yes, please explain.
[ ]
Yes
[ ]
No
[ ] Don't know Electrical system, including wiring, switches, outlets, and service
[ ]
Yes
[ ]
No
[ ] Don't know Plumbing system, including pipes, faucets, fixtures, and toilets
[ ]
Yes
[ ]
No
[ ] Don't know Hot water tank
[ ]
Yes
[ ]
No
[ ] Don't know Garbage disposal
[ ]
Yes
[ ]
No
[ ] Don't know Appliances
[ ]
Yes
[ ]
No
[ ] Don't know Sump pump
[ ]
Yes
[ ]
No
[ ] Don't know Heating and cooling systems
[ ]
Yes
[ ]
No
[ ] Don't know Security system
[ ] Owned [ ] Leased
Other . . . .
*B. If any of the following fixtures or property is included with
the transfer, are they leased? (If yes, please attach copy of
lease.)
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 6 of 9
Improved Ver. Effective 3-10-20
[ ]
Yes
[ ]
No
[ ] Don't know Security system . . . . . .
[ ]
Yes
[ ]
No
[ ] Don't know Tanks (type): . . . . . .
[ ]
Yes
[ ]
No
[ ] Don't know Satellite dish . . . . . .
Other: . . . . . .
*C. Are any of the following kinds of wood burning appliances
present at the property?
[ ]
Yes
[ ]
No
[ ] Don't know (1) Woodstove?
[ ]
Yes
[ ]
No
[ ] Don't know (2) Fireplace insert?
[ ]
Yes
[ ]
No
[ ] Don't know (3) Pellet stove?
[ ]
Yes
[ ]
No
[ ] Don't know (4) Fireplace?
[ ]
Yes
[ ]
No
[ ] Don't know If yes, are all of the (1) woodstoves or (2) fireplace inserts
certified by the U.S. Environmental Protection Agency as clean
burning appliances to improve air quality and public health?
[ ]
Yes
[ ]
No
[ ] Don't know D. Is the property located within a city, county, or district or
within a department of natural resources fire protection zone
that provides fire protection services?
[ ]
Yes
[ ]
No
[ ] Don't know E. Is the property equipped with carbon monoxide alarms?
(Note: Pursuant to RCW 19.27.530, seller must equip the
residence with carbon monoxide alarms as required by the state
building code.)
[ ]
Yes
[ ]
No
[ ] Don't know F. Is the property equipped with smoke detection devices?
(Note: Pursuant to RCW 43.44.110, if the property is not
equipped with at least one smoke detection device, at least one
must be provided by the seller.)
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ]
Yes
[ ]
No
[ ] Don't know A. Is there a Homeowners' Association? Name of Association and
contact information for an officer, director, employee, or other
authorized agent, if any, who may provide the association's
financial statements, minutes, bylaws, fining policy, and other
information that is not publicly available:
[ ]
Yes
[ ]
No
[ ] Don't know B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year [ ] Other
[ ]
Yes
[ ]
No
[ ] Don't know *C. Are there any pending special assessments?
[ ]
Yes
[ ]
No
[ ] Don't know *D. Are there any shared "common areas" or any joint
maintenance agreements (facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas co-
owned in undivided interest with others)?
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 7 of 9
Improved Ver. Effective 3-10-20
7. ENVIRONMENTAL
[ ]
Yes
[ ]
No
[ ] Don't know *A. Have there been any flooding, standing water, or drainage
problems on the property that affect the property or access to
the property?
[ ]
Yes
[ ]
No
[ ] Don't know *B. Does any part of the property contain fill dirt, waste, or
other fill material?
[ ]
Yes
[ ]
No
[ ] Don't know *C. Is there any material damage to the property from fire,
wind, floods, beach movements, earthquake, expansive soils, or
landslides?
[ ]
Yes
[ ]
No
[ ] Don't know D. Are there any shorelines, wetlands, floodplains, or critical
areas on the property?
[ ]
Yes
[ ]
No
[ ] Don't know *E. Are there any substances, materials, or products in or on the
property that may be environmental concerns, such as asbestos,
formaldehyde, radon gas, lead-based paint, fuel or chemical
storage tanks, or contaminated soil or water?
[ ]
Yes
[ ]
No
[ ] Don't know *F. Has the property been used for commercial or industrial
purposes?
[ ]
Yes
[ ]
No
[ ] Don't know *G. Is there any soil or groundwater contamination?
[ ]
Yes
[ ]
No
[ ] Don't know *H. Are there transmission poles or other electrical utility
equipment installed, maintained, or buried on the property that
do not provide utility service to the structures on the property?
[ ]
Yes
[ ]
No
[ ] Don't know *I. Has the property been used as a legal or illegal dumping
site?
[ ]
Yes
[ ]
No
[ ] Don't know *J. Has the property been used as an illegal drug manufacturing
site?
[ ]
Yes
[ ]
No
[ ] Don't know *K. Are there any radio towers in the area that cause
interference with cellular telephone reception?
8. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[ ]
Yes
[ ]
No
[ ] Don't know *A. Did you make any alterations to the home? If yes, please
describe the alterations: . . . . . . . . . .
[ ]
Yes
[ ]
No
[ ] Don't know *B. Did any previous owner make any alterations to the home?
[ ]
Yes
[ ]
No
[ ] Don't know *C. If alterations were made, were permits or variances for
these alterations obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ]
Yes
[ ]
No
[ ] Don't know *Are there any other existing material defects affecting the
property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are
complete and correct to the best of my/our knowledge and I/we
have received a copy hereof. I/we authorize all of my/our real
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 8 of 9
Improved Ver. Effective 3-10-20
estate licensees, if any, to deliver a copy of this disclosure
statement to other real estate licensees and all prospective
buyers of the property.
DATE SELLER SELLER
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED
ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN
INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to
any material defects that are known to Buyer or can be known to Buyer by
utilizing diligent attention and observation.
B. The disclosures set forth in this statement and in any amendments to this
statement are made only by the Seller and not by any real estate licensee or
other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees
are not liable for inaccurate information provided by Seller, except to the extent
that real estate licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the
written agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion
of this disclosure statement below) has received a copy of this Disclosure
Statement (including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR
SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: BUYER: BUYER:
8.D.a
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EXHIBIT C
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 9 of 9
Improved Ver. Effective 3-10-20
BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer’s right to receive a completed Seller Disclosure Statement.
Buyer waives that right. However, if the answer to any of the questions in the section
entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the
“Environmental” section of the Seller Disclosure Statement.
DATE: BUYER: BUYER:
8.D.a
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(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)
8.D.a
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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: _______________________)
8.D.a
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Old Republic National Title Insurance Company Order No. 5207167464
8.D.a
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DATE: September 15, 2020
TO: Kent City Council
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.
8.E
Packet Pg. 108
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. Ordinance 4368 Amending KCC 3.28.050 (PDF)
09/08/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/15/2020 7:00 PM
8.E
Packet Pg. 109
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
8.E.a
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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:
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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
multiplied by the rate of 0.200 hundredths of one percent (0.002) effective
January 1, 2020.
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4 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
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
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
8.E.a
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5 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
(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,
owned, occupied, or otherwise maintained within the city multiplied by the
rate for each calendar year listed below.
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6 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
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
footage tax, includes areas used for crossdocking, waylaying, temporary
embarkment, and other similar activities.
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7 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
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.
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
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8 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
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.
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:
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9 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
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.
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.
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10 Amend KCC 3.28.050 -
Re: Outdoor Warehousing
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
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