HomeMy WebLinkAboutCAG2020-297 - Original - Craig & Christine Dougherty - S 224th St Project Phase II Final Settlement - 09/18/2020Agreement Routing Form
For Approvals, Signatures and Records Management
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Visit Documents.KentWA.gov to obtain copies of all agreements
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Contract Number:
adccW22373_6_19
September 16, 2020
CAG2020-297
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
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
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
CITY OF KENT
By:
Title:
Date
Date Q-zno7A
1
By
By
Date
Final Settlement Agreement - Page 4 of 4
Dana Ralph
Mayor
09/18/2020
TBEXH A
TAX LOT 8802400020
RIGHT OF WAY ACQUISITION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96.13, RECORDED
UNDER RECORDING NO. 9609,1 80827, LYING NORTH OF THE SOUTH LINE OF THE
NORTH 56.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON.
CONTAINING 1,619 SQUARE FEET, MORE OR LESS
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EXHIBIT A-1
PARCEL
# 0722059020
S 218TH ST
N LrNE S112 N1/2 SE1/4 SEG. 7
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56.00'
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LOT 2 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # 8802400025
LOT ,1 CITY OF KENT
SHORT PLAT NO. SP.96-13
PARULL # 8BO24OOO2O
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON,
Project# 14-3010
PW2013-030
1,619 SQ, FT
LOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W,M.
r*
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
ROW ACQUISITION
DRAWN BY: TLM EXHIBIT
A-1SCALE:1"=50'
DATE: 1012412017
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?
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
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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
EXHIBIT C
TAX LOT BBO24OOO2O
DRAINAGE EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP-96-13, RECORDED
UNDER RECORDING NO. 960918A827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M,, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01 "A1'22' EAST 213.95 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 01"01'22'EAST 27.35 FEET; THENCE NORTH
66'04'42" EAST 133.22 FEET TO THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG
SAID EASTERLY LINE, SOUTH 25"15'37" EAST 20,00 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 56"10'00" WEST 93.37 FEET; THENCE SOUTH 78'01'46'WEST
54.42 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,051 SQUARE FEET, MORE OR LESS
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EXHIBIT C-1
ro s 218TH ST
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POINT OF BEGINNING
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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
EXHIBIT D
TAX LOT 8802400020
ACCESS EASEMENT
THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO, SP-96-13, RECORDED
UNDER RECORDING NO. 9609180827, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT ,1; THENCE ALONG THE
WEST LINE THEREOF, NORTH 01"01'22" EAST 2413A FEET; THENCE NORTH 66"A4'42"
EAST 44.61TO THE POINT OF BEGINNING; THENCE NORTH 02"AA'24" WEST 80.48 FEET;
THENCE NORTH 12"28'26" WEST 51.56 FEET TO THE SOUTH LINE OF 2187H STREET;
THENCE ALONG SAID SOUTH LINE, NORTH 89"57'07" EAST 1A.24 FEET; THENCE
LEAVING SAID SOUTH LINE, SOUTH 12'28'26" EAST 5A.27 FEET; THENCE SOUTH
0200'24' EAST 77.44 FEET; THENCE SOUTH 66"24'50" WEST 10.75 FEET TO THE POINT
OF BEGINNING.
CONTAINING 1,299 SQUARE FEET, MORE OR LESS,
LN{O
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EXHIBIT D.1
'f|ot
s 218TH ST
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LOT 2 CITY OF KENT
SHORT PLAT NO. SP-96-13
PARCEL # 8802400025rr(rl
,299 SQ. FT \
INT OF BEGINNING
N66004'42'E 44.61'
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LOT 1 CITY OF KENT
SHORT PLAT NO. SP-96-,I3
PARCEL # 8802400020
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NIMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAI\D
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
I
POINT OF COMMENCEMENT
I
Project# 14-3010
PW2013-030
Line Table
Line #Length Direction
L1 80.48',N 02'00'24" W
L2 51.56'N 12'28'26" W
L3 10.24',N 89'57'07'E
L4 50.27's 12"28'26" E
L5 77.44's 02"00'24- E
L6 10.7s',s 66'24'50'W
LOCATED IN THE NW 1/4 SE 1/4 OF
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W,M,
CITY OF KENT
LAND SURVEY SECTION
DOUGHERTY
ACCESS EASEMENT
DRAWNBY: TLM
EXHIBIT
D-1
SCALE: 1"=60'
DATE: 8l13l2O2O
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
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
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 afterthe 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
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
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
EXHtBtr a
TAX LOT 8802400020
RIGHT OF WAY ACQUIS]TION
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96.13, RECORDED
UNDER RECORDING NO. 9609180827, LYING NORTII OF THE SOUTH LINE OF THE
NORTH 56,00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY. WASHINGTON.
CONTAINING 1,619 SQUARE FEET, MORE OR LESS.
utlo
lo/lrl/]ur1
EXHtBtrLl
TAX LOT 8802400020
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 1, CITY OF KENT SHORT PLAT NO. SP.96-13, RECORDED
UNOER RECORDING NO, 9609180827, LYING NORTH OF THE SOUTH LINE OF THENORTH 6.I.OO FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEASTQUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.[iI,, IN KINGCOUNTY, WASHINGTON, AND SOUTH OF THE SOUTH LINE OF THE NORTH 56.00 FEETOF SAID SUBDIVISION
CONTAINING 383 SQUARE FEET, MORE OR LESS.
rlo
/A/.pt?o
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
EXHIBIT BI
PARCEL
# a722059A20
56.00'lr"1._* t
ruonrx r-rrtE sllz Nilz sfi
s 218TH ST
/4 SEC.7
0(v)
61.00'
a
IJJ
ou(v)
ctr
383 S0. FT
LOT 2 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # 8802400025
LOT 1 CITY OF KENT
SHORT PLAT NO, SP-96-13
PARCEL # B8O24OOO2O
{
ry
IMPORTANT:
THIS IS NOT A SURVEY. II IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICAIED IIEREON WITH
REFERENCE TO STREET5 AND
OIHER LAND. NO LIAEILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON,Prolect # 14-3010
PW2013-030
l-Ir-
DOUGHERTY
TEMPORARY CONSTRUTION
EASEMENT
BY: TLM
SCALET 1":50'
LOCATEO IN THE NW 114 SE 1/4
SEC 7, TOWNSHIF 22 N,
RANGE 5 E, W.M.
CITY OF KENT
SURVtrY 1012412017
EXHIBIT
J'I
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
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'krtheassignedjudge.
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 bodismisscdwith 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.
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
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. ]'heIrriclay 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
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.
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
m
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:
Dana ralph
Mayor