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Home My WebLink AboutPW16-332 - Other - City of Covington - Temporary Construction Easement - 04/18/20202t1t2021 Landmark Web Official Records Search Instrument Number: 20200427000632 Document:EAS Rec: $107.50 Page-l of 5 Excise Docs: 30.{4401 Selling Price: $0.00 Tax Amount: $10.00 Record Dile:,412712O20 9:24 AM Electronically Recordecl King County, WA After recording return document to: City of Covington 16720 SE 271't Street, Suite 100 Covington, WA 98042 Document Title: Temporary Construction Easement Grantor(s): City of Kent - Grantee(ii: City of Covington 1f, ^Legat Description: Ptn. Nft % s&df, 36 T22N RsE wM Additional Legal Description is on@ibit A, Page 4 of Document. Assessor's Tax Parcel Number: t6rrffi: -, TEMPoRARY coNSfrIcTIoN EASEMENT @ sR s I 6 (sE 272'd sr) Improvemen ts u"*""fun- ".:1 mr*Y::P*-4 City of Kent ("Grantor"), for and in consiOe.f,)of TEN AND NO/100 Dollars, and other valuable consideration, conveys and grants unto tlf][ity of Covington and its assigns, ('oGrantee"), under the imminent threat of the Grantee!ftrcise of its rights of Eminent Domain, the right, privilege and easement over, upon, and fc{r#gthe hereinafter described lands for the purpose of instream work for realignment of Jenkinl*€Ek to match construction of a new roadway bridge over Jenkins Creek ("Easement Purposes"). lnstream work occurs only during fish window restrictions and is anticipated to take up to three construction seasons. The term of this Easement is for 36 months. The term shall commence upon initiation of Grantee's construction within the Easement Area, but no sooner than November l, 2019, and shall remain in force until no later than November 1,2022, or until completion of construction, whichever occurs first. Actual occupancy will be no longer than 9 months. This Easement may be extended by mutual written consent of the Grantor and Grantee. Grantee shall provide fourteen days written notice to the Grantors prior to the commencement of construction. Said lands being situated in King County, State of Washington, and described as follows: For legal description and additional conditions See Exhibit A attached hereto and made a part hereof (the "Easement Area") Grantee shall have the right, without prior notice, institution of suit, or proceeding at law, at times as may be necessary, to enter upon the Easement Area, and any immediately adjacent areas, with the necessary equipment for the Easement Purposes, without incurring any legal obligation or liability. Grantee shall not conduct maintenance or fuel construction FANo. STP-0516(22) ProjectNo.CIP 1127 Parcel No. 362205-9184LPA-324 l0l20t4 Page I of(4) Pages 1t5 21112021 Landmark Web Ofiicial Records Search Instrument Number: 20200127000632 Document:EAS Rec: $107.50 Page-2 of 5 Record Date:112712020 9:24 AM King County, WA having jurisdiction. Grantee shall defend, against claims, damages, liability and fees TEIVIPORARY CONSTRUCTION EASEMENT equipment within the Easement Area. Grantee shall have spill kits onsite to respond immediately to any fluid leaks in the Easement Area. Grantee shall leave any improvements already existing within the Easement Area and the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is obtained. If these existing shall restore these areas to are disturbed or destroyed by Grantee, then Grantee condition as they were immediately prior to Grantee's entrance into these areas. In Grantee shall use commercially reasonable efforts to avoid interfering with Grantor'course of business within and surrounding the Easement Area, and will ensure Springs water source. has vehicular access at all times to the Armstrong Grantee shall at all times exercise under this Easement in accordance with the requirements of all applicable statutes,and regulations of any public authority incurred by or claimed against Grantor as a result 's negligence in the exercise of the rights herein granted to Grantee; provided,herein shall require Grantee to indemnify Grantor for that portion of any such li to the negligence of Grantor or the negligence of others unless such others are otherwise under the control of Grantee. This indemnification shall survive the Easement. Grantor shall reiain the right to use the Easement Area, including the immediately adjacent areas, so long as Grantor's use does not interfere with the Easement Purposes. The rights granted by Grantor to Grantee under this Easement are for the limited purpose of temporarily allowing Grantee entry on the Properly for the Easement Purposes. Nothing herein shall be construed as a conveyance ofa real property interest from Grantor to Grantee. and hold harmless Grantor from and (including attorneys' fees and costs) LPA.324 l0n0t4 Page 2 of(5) Pages Parcel No. 362205-9184 215 2/112021 Landmark Web Ofiicial Records Search Instrument Number: 20200127000632 Document:EAS Rec: $107.50 Page-3 of 5 Record Datc112712020 9:24 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT It is understood and agreed that delivery of this temporary easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Covington unless and until accepted and approved hereon in writing for the City of Covington, by its authorized agent. GRANTOR: City of Kent oD By: Dana Ralph Title: Mayor LPA-324 t0t20t4 and Approved TON, By Authorized Agent Date:o (Notary Aclnowledgment on Following Page) Page 3 of(5) Pages Parcel No. 362205-9184 3/5 21112021 Landmark Web Official Records Search Instrument Number: 20200127000632 Document:EAS Rec: $107.50 Page--l of 5 Record Date:112712020 9:24 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT Acknowledgment STATE OF W County of King on this Aln day of to me known to be the Mayor and foregoing instrument and before me personally appeared Dana Ralph, of Kent, and that she executed the within said instrument to be the free and the uses and purposes therein set forth,voluntary act and deed of said City of and on oath states that she is authorized to said instrument. GIVEN hand and official seal the last above written. A Notary Public Washington, My commission expires Ota -08 .eX OFlttt zp w^ l0/2014 Page 4 of(5) Pages Parcel No. 362205-9184 4t5 21112021 Landmark Web Ofiicial Records Search Instrument Number: 20200127000632 Document:EAS Rec: $107.50 Page-S of 5 Record Date:1127/2020 9:24 AM Ifing County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A PARCEL 362205-9184-06 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION TIIAT PORTION OF THE NORTH HALF OF THE NORTI{EAST QUARTER OF THE NORTHEAST QUARTER OF TIIE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.,INKING COTJNTYW EXCEPT THAT PORTION KTNG COUNTY FORROADWAYPURPOSES BY INSTRUMENT RECORDED NO. r400465; AND EXCEPT THAT PORTION BY THE STATE OF WASHINGTON IJNDER KING coLrNTY CAUSE NO. 90-2-24267-6 DESCRIBED AS FOLLOWS: COMMENCING ATA POINT ON TI{E EAST LYING 5O.OO FEET SOUTHOFTHE OF THE ABOVE DESCRIBED PARCEL 516; THENCE N E9"12'37" W, PARALLEL WITH SAID A DISTANCE OF I.42 FEET; A DISTANCE OF 128.58 FEET TO THETHENCE N 87O39'59' W, PARALLEL WITH SAID POINT OF BEGINMNG; TFIENCE S 02"20'OI" W, PERPENDICULARTO SAID A DISTANCE OF IO.OO FEET; THENCE S 46O0I'59" E, A DISTANCE OF I2O.O5 FEET; THENCE S 68"10'29'W, A DISTANCE OF 9E.34 FEET; TT{ENCE N 87039'59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 4OO.OO FEET; TIIENCE N O2O2O'01" E, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF I3O.OO FEET TO A POINT LYINC 5O.OO FEET SOUTH OF SAID CENTERLINE; TT{ENCE S 87O39'59" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 4OO.OO FEET TO THE POINT OF BEGINNTNC. CoNTAINING 57,383 SQUARE FEET, MORE OR LESS. TFIE LANDS HEREIN DESCRJBED CONTATN AN AREA OF 57,383 SQUARE FEET, MORE OR LESS, THE SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-OI AND Rw-02 OF TH.AT CERTAIN PLAN ENTITLED SR 516 (SE 272"a ST) IMPROVEMENTS BETWEEN IENKINS CREEK AND l85rnPL SE. NOW ON RECORD AND ON FILE AT Tm CITY OF COVTNGTON TE OF APPROVAL, I I.O4-I9 totaol4 Page 5 of(5) Pages Parcel No.362205-9184 5/5