HomeMy WebLinkAboutCAG2022-065 - Original - MIREF Mill Creek, LLC - Mill Creek at 76th Ave Flood Protection Improvements - 02/16/2022Agreement Routing Form
lsF"llT For Approvals, Signatures and Records Management
Thls form Gomblnes & reptrces thc Requcstfor t[ayo/s SlgnNturc.nd Contr.ct Cover Sheet forms.
(Print on pink or cherry colored paper)
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Originator:Cheryl Rolcik-Wilcox Department:Public Works
Date Sent:2/Ls/22 Date Required:2/22/22
Authorized
to Sign:
Director or Designee
MayorK
Date of
Council
Approval:
2/Ls/22
Budget
Account
Number:
Grant?
Type:
Yes }(*o
N/A
E
.9]H
G
ELorF
E
IFco
EooLul
Vendor
Name:
MIREF Mill Creek, LLC Category:Other
Vendor
Number:
Sub-Cotegory
Project
Name:
Mill Creek at 76th Ave Flood Protection Improvements
Project
Details:
Settlement Agreement and property documents for signature (Exh D-G)
Agreement
Amount:
$155,050 Basis for
Selection of
Contractor:
uA
Start Date:Termination Date:
Notice required prior to
disclosure?
Yes r'No Contract Number:CAq ?o72-Ot@+
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Date Received by City Attorney:
21|sl22
%rtgull
Comments:
Please sign Settlement Agreement + easement
documents attached as Exhibits D-F and
Right of Entry Agreement attached as Exhibit
G. Easements will need to be notarized. Thx!
CRW
Date Routed to the Mayor's Office:Tlrslzz
Date Routed to the City Clerk's Office:zltulzz
Date Sent to Originator:zlrclzz
Visit Documents.KentWA.gov to obtain copies of all agreements
adccw22373_6_'19
45
SETTLEMENT AGREEMENT
Mill Creek at 75th Ave, Flood Improvements Project
City of Kent Project Number: 20-3028
Owner: MIREF Mill Creek, LLC
King County Tax Parcel Number(s): 775980-0150
Address: 22Lt4 75th Ave. S., Kent, WA 98032
This Settlement Agreement ("Agreement") is between the City of Kent, a Washington
municipal corporation ("City"), and MIREF Mill Creek, LLC, a Delaware Limited
Liability CompanY ("MIREF").
Background
A. MIREF owns real propefty ("Propefty") located 221L4 76rH Ave. S., Kent, WA
98032.
B. To accommodate the City's Mill Creek at 76th Ave. Flood Improvements Project
(,'project"), the City must acquire from MIREF the following property and/or
property rights (collectively the "Easements") :
i. A temporary construction easement over a 27,807 square foot portion
of the property as described on the attached Exhibit A and depicted on
Exhibit A-1 ("TCE");
ii. A drainage easement over a 2,776 square foot portion of the Property
as described on the attached Exhibit B and depicted on Exhibit B-1
("Drainage Easement"); and
iii. A utility easement over a 2,745 square foot portion of the Propefty as
described on the attached Exhibit C and depicted on Exhibit C-l
("UtilitY Easement").
C. The pafties have completed negotiations, and desire to fully settle all claims
pertaining to the Property as a result of the Project'
Now, therefore, the parties agree as follows:
Agreement
1. Nature of Agreement. The parties agree on the following as full and final
setgement of the City's acquisition of property rights and payment of damages
for the Property regarding the Project.
Settlement Agreement - Page I of 4
1.1
i.
ii.
iii
Property Rights. MIREF will execute the documents described in this
section 1.1 (the "Easement Documents"), granting to the city the
Easements on the terms described therein, within five business days of
the full execution and delivery of this Agreement and the ROE
Agreement (as defined below):
The TCE over a 27,807 square foot portion of the Property for a six-
month period, attached as Exhibit D;
The Drainage Easement over a 2,776 square foot portion of the
Property, attached as Exhibit E; and
The Utility Easement over a ?,745 square foot portion of the Property,
attached as Exhibit F.
Payment. The city will pay MIREF the amount of $155,050 (the
"Easement Payment") within fourteen days of mutual execution of the
Settlement Agreement and MIREF's execution and delivery of the
Easement Documents to the City. MIREF acknowledges that the
transaction contemplated by this Settlement Agreement is expressly
conditioned upon the city of Kent city council's prior authorization'
Following MIREF's receipt of the Easement Payment, the City shall, at
its sole cost and expense, cause the Easement Documents to be
recorded in the real property records of King County, Washington'
Improvements to the Property. The City shall, at its sole cost and
expense in addition to (and not inclusive of) the Easement Payment,
complete the following improvements to the Property:
i. Prior to commencing any work with respect to the Project that will
impact the parking stalls on the Property, the City shall stripe parking
stalls to temporarily replace parking stalls impacted during construction.
These temporary stalls are to be placed in a location acceptable to
MIREF.
ii. The City will remove remaining trees, irrigation and grass, and will install
cobble/gravel rock across the frontage of 76rh Ave S-, within the
tem porary construction easement.
iii. The city and MIREF shall enter into a Right of Entry Agreement in the
form attached as Exhibit G (the "ROE Agreement"), to provide the City
with the access needed to facilitate the City's completion of the
improvements described in Section 1'3(ii) above, as well as raising the
existing monument sign on the frontage of the Property following the
completion of the Project to maintain the visibility of such monument
sign.
L.2
1.3
Settlement Agreement - Page 2 of 4
2
iv. The City's contractor will provide traffic control on 76th Ave 5' during
construction of the Project and will assist in providing access between
the roadway and the Property when work occurs within and adjacent to
the PropeftY.
Additional Compensation for tmpacted Parking.
2.L The City and MIREF acknowledge and agree that:
i, During the period of construction of the Project, a total of 43 parking
stalls (the "Impacted Parking Stalls"), consisting of 17 parking stalls for
passenger vehicles near the north driveway of the Property and 21
parking stalls for passenger vehicles near the south driveway of the
Property (the "standard Parking Stalls"), and five trailer parking stalls
(the "Trailer Parking Stalls"), will be unusable by MIREF and the tenants
of the Property as a direct result of the Projecfl and
ii. The Easement Payment includes, in part, compensation for the inability
for MIREF to use the Impacted Parking Stalls during the estimated six-
month construction period for the Project.
Z,Z If the City is unable to complete the Project within the Construction
period, then, for each month or portion thereof following the expiration
of the Construction Period through the actual completion date of the
project, the City shall pay MIREF for the continued inability to use the
Impacted Parking Stalls (collectively, the "Additional Parking
Payment");
i. $100 per month for each of the Standard Parking stalls; and
ii.$250permonthforeachoftheTrailerParkingStalls.
2.3 The Additional Parking Payment is in addition to the Easement Payment
and shall be paid within 30 days after the Project is completed and has
been accepted by the City of Kent City Councit. The Additional Parking
Payment for any partial month shall be prorated on the number of days
in such month.
Successors and Assigns. This Agreement shall bind and inure to the benefit of
the parties and their respective successors and assigns'
Amendment. This Agreement may only be amended in writing, signed by all
palties.
3
4
Settlement Agreement - Page 3 of 4
6.
7
8.
5.Severability. If any term, covenant, condiUon or provision contained in this
Agreement is determined to be invalid, voided or otherwise unenforceable' by
any court of competent jurisdictlon, such determlnation shall in no way affect
the validity or enfOrceabllity of any other term, Covenant, condition' or
provision contained in this Agreement'
Counterparts. This Agreement may be executed in counterparts and/or
transmitted electronlcally, and copies so executed or transmitted will be
deemed originals.
Entire Agreement. This Agreement, together with all exhibits constitutes the
entire agreement between the partles with respect to the subject matter of
this agreement, This Agreement is specifically intended by the parties to
supersede all prlor agreements whether written or oral.
Construction, This Agreement is a product of negotiations between the parties
and has been jointly drafted and approved by each Party. For these reasons'
the rules of construction of ambiguities against the drafter shall not apply.
9 Effective Date. This Agreement shall become effective on the last date signed
below.
CITY OF KENT MIREF MILL CRE LLC
*
By:
Title
Date -
Vr-Co Pre <i Jen {
By {\
Title:
Date:
Settlement Agreement - Page 4 of 4
TAX LOT 7759800150
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
THAT PORTION OF TMCTS 'I5 AND 16, SHINN'S VALLEY HOME ADDITION TO KENT'
ACCORDTNG TO THE PLAT THEREOF, ieCORDED lN VOLUME 7 OF PLATS, PAGE 22,
RECORDS OF KING COUNW, WASHINGTON, LOCATED IN THE SOUTHWESTQUARTER
oF THE sourHEAsr ounnrLR oF sEcroN iz, TowNsHtP 22 NoRTH, RANGE 4 EAsr'
W.M,, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE
SOUTH LINE THEREOF S88"26'31"E 131.00 FEET TO A POINT ON A LINE THAT IS 131'OO
ieET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES. FROM THE WEST LINE
OF SAID TRACTS TS NT{O 16, SAID POINT BEING THE POINT OF BEGINNING; THENCE
ALONG SAID PARALLEL LINE, N00"58'38'E 187'19 FEET;THENCE N89'01'22'W 101'00
FEET TO A LINE THAT IS 3O.OO FEET PARALLEL WTH, WHEN MEASURED AT RIGHT
RNGLES, FROM THE WEST LINE OF SAID TRACTS 15 AND 16; THENCE ALONG SAID
PARALLEL LINE, N00"58'38'E 227.07 FEET; THENCE 589"01'22'E 85.00 FEET TO A LINE
THAT IS 115.00 FEET PARALLEL W]TH, WHEN MEASURED AT RIGHT ANGLES, FROM
THE WEST LINE OF SAID TRACTS 15 AND '16; THENCE ALONG SAID PARALLEL LINE'
N00"5B'38"E 114.00 FEET TO THE NORTH LINE OF SAID TRACT 16; THENCE ALONG SAID
NORTH LINE, N88.26'31',W 95.00 FEET TO THE EAST MARGIN OF 76TH AVE S; THENCE
ALONG SAID EAST MARGIN, S00"58',38"W 418.28 FEET; THENCE LEAVING SAID EAST
rvrnncrrrr, s43'51'05"E 156.4i FEET TO THE SOUTH LINE OF SAID TRACT 15; THENCE
ALONG SAID SOUTH LINE 588'26'31"E 0.72 FEET TO THE POINT OF BEGINNING'
CONTAINING 27,807 SQUARE FEET, MORE OR LESS'
-23-?o2G
Page 1 of I
4B'
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TRACTS 15 & 16
SHINN'S VALLEY HOME
ADDITION TO KENT
131'.
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#08-3019
. 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.
TEMPORARY CONSTRUCTION
DRAVUI{ BY:
1"=100'
EXHIBIT
A-tOATE: 612312021
CITY OF KENT
LAND SECTION
LOCATEO IN THE SW 1/4 OF THE SE
1t4 0F SEC 12, TOWNSHIP 22 N,
MNGE4 E,W.M.
EXHIBIT B
TAX LOT 775s800150
DRAINAGE EASEMENT
THAT PORTION OF TRACT 15, SHINN'S VALLEY HOME ADDITION TO KENT, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22, RECORDS OF
KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST OUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M',
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE
SOUTH LINE THEREOF S88"26'31'E 2O.OO FEET TO THE POINT OF BEGINNING, SAID
POINT BEING ON A LINE THAT IS 4O.OO FEET PARALLEL WITH, WHEN MEASURED AT
RIGHT ANGLES, FROM THE WEST LINE OF SAID SOUTHEAST OUARTER OF SECTION
12; THENCE ALONG SAtD PARALLEL L|NE N00"58'38'E 74.36 FEET;THENCE S43"51'05',E
105.91 FEET TO THE SOUTH LINE OF SAIDTRACT 15; THENCE ALONG SA]D SOUTH
LINE N88'26'31"W 74,67 FEET TO THE POINT OF BEGINNING'
CONTAINING2,776 SOUARE FEET, MORE OR LESS.
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TRACT 15
SHINN'S VALLEY HOME
ADDITION TO KENTa
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SW CORNER
TRACT 15
N88"26'31',W 74.67,s 15
-l POINT
BEGINNI N
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G
40'
{
ry IMPORTANT:
THIS IS NOT A SURVEY. ITIS
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'
@
I
Proloct #08-3019
2,776 SQ. FT.
MIREF
ORAINAGE EASEMENT
DRAWN BY:
SCALE:
EXHIBIT
B-1DATE: o5112t2019
CITY OF KENT
xllataa
LAND
LOCATED IN THE SW t/4 OF THE SE
1i4 0F sEc 12, TOWNSHIP 22 N'
RANGE 4 E, W.M.
EXHIBIT C
TAX LOT 7759800150
UTILITY EASEMENT
THATPORTIONOFTRACTlS,SHINN'SVALLEYHOMEADDITIONTOKENT'ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOTUME 7 OF PLAT$, PAGE 22' RECORDS OF
KING COUNTy, WASHlNbtOru, LOCATED lN THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH' R/\NGE 4 EAST' W'M''
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15' THENCE ALONG THE
soUTHLINETHEREoFsEB'26'31'E20.00FEETToAL|NETHATlS40.00FEET
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID
souTHEAST QUARTER OF SECTTON 12; THENCE ALONG SAID PARALLEL LINE
N00'58'38'E74.36FEET TO THE POINT Of eee IHNING; THENCE CONTINUING ALONG
sAtD PARALLEL LINE N00'58',38"E 35.46 FEET; THENCE S43'51'05'E 135'06 FEET TO A
LINE THAT tS 1S.00 FEET PARALLEL W,TH, WHEN MENI1IED AT RIGHT ANGLES' FRoM
THE SOUTH LINE OF SAID TRACT 15; THENCE ALONG SAID PARALLEL LINE
N88'26',31',W 35,61 FEET: THENCE N43"51'05'W 84.55 FEET TO THE POINT OF
BEGINNING.
CONTAINING2,745 SQUARE FEET, MORE OR LESS.
/9 -/r-e,22
20'20
N00"58',38'E 35.46'
d."dI
POINT OF {
BEGIN TRACT 15
SHINN'S VALLEY HOME
ADDITION TO KENTa
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TRACT 15
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N IMPORTANT:
THIS 15 NOT A SURVEY, IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
LIABILTTY IS ASSUMED BY REASON OF
RELIANCE HEREON.
#08-3019
MIREF
UTILITY EASEMENT
ORAVI'T BY:
,,=50'SCALE:
EXHIBIT
c-1DATE: 1211512a21
G
CITY OF KENT
LAND SECTION
LOCATED IN THE SW 1/4 OF THE SE
1i4 0F sEc 12, TOtl/NsHlP 22 N,
RANGE 4 E. WM,
IiXIIIBI'I'I)
AFTER RECORDING MAIL TO:
City Clerk
City of Kent
220 4th Avenue South
Kent, WA 98032
Mill Creek. I rcGrantor:MIREF
KentGrantee:Citv
Abbreviated Legal DescriPtion Ptn. Trct 15 16 Shinn's Val
Additional Legal DescriPtion on:Exhib $ A,,
Assessor's Tax Parcel rD No' 775980-0150 srR:- L2-22'4
Project:Mill k a| 76th Ave trrntcrtion I mn /O8-?O19/)017-no4
Vol 7 22
TemPorarY Construction Easement
EASEMENT eranted tnis -l(44 av orF*JM&-(4202!r bv MIREF M.ill creek, LLC, a
Delaware limited fiaOility io*puny CGrantor) to CITV 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 andlor.itignt, in lieu of condemnation, a temporary easement, including
reasonable rights of inlress and egress, through and across a portion of. tax parcel
77S1BO-A150, also knoiryn as 22!14 76t^ Ave. S., Kent, WA, specifically described in
Exhibit A and grapnicaLly depicted in Exhibit B, (the "Eas€ment Area"), to be used only
during construction of improvements in conjunition with the Mill Creek at 76th Flood
Proteition Improvements Project ("Project").
The temporary construction easement and right of entry shall comm-ence on the
date of first entry onio the Property by Grantee, its agents or contractors, for purposes
of commencing construction of tne Project (the "Commencement Date"), and shall
continue during construction of the Projeci for a period of six (6) months thereafter (such
six (6) month period being referred to herein as the "Term")'
The city shall have the right, without prior institution of any suit or proceeding
at law, at such times aS may be reasonably necessary- during the Term, to enter upon
the Easement Area for the purpose of construction of improvements pursuant to the
project by licensed contractors in a workmanlike manner at the City's sole cost and
"*j"nr", 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
Tempora rY Construction Easement Page 1 of 5
by the City. In addition, the City shall use commercially reasonable.efforts to avoid
interfering with Grantorj, no.rnul cours" of business on Grantor's adjacent propefty
as the Cifr exercises its rights hereunder, provided, however, in no event shall the
-ity materialty anA unreaionably impede or obstruct pedestrian and/or vehicular
ingress and egress on, or to and from, Grantor's property'
The City shall at all times exercise its rights under this temporary construction
easement and right of entry in accordance with the requirements gf .?ll.applicable
statutes, orders, iules and regulations of any public authority having jurisdiction'
Grantor agrees not to interfere with the 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'
To the extent permitted by law, the city shall protect, defend, indemnify and save
harmless Grantor and Grantor's agents, officers, contractors, subcontractors, suppliers
unJ empfoyees, from any and all losts, expenses, claims, actions, suits, liability' loss'
judgments, attorneys' fees and/or awards of damages arising out of or in any way
iur,lfting fiom the intentional misconduct andlor negligent acts of the City and/or its
agents,-officers contractors, subcontractors and employees with respect to the Project
iiiitor'the City's exercise of its rights pursuant to this agreement. If such costs,
expenses, claims, *tiont, suits, liabi'iity, loss, judgments,.attorneys'fees and/or awards
of damages are caused by, or iesult fiom, the concurrent negligence of the parties, or
their reSpective agents,' OffiCerS, cOntractOrs, subcontractors and employees' this
puiugruph shall be ialid and enforceable only to the extent of the negligence of the City
anJ itt agents, officers, contractors, subcontractors and employees- . The foregoing
indemnity-is specificaliy ina expressly intended to constitute a waiver of the indemnifying
party,s immunity under Washington industrial Insurance Act, RCW Title 51, with respect
to the indemnifying ;..t o"iy, and only to the extent necessary to provide the
indemnified party witn'a rult ana complete ihdemnity of claims made by the indemnitor's
employees, The parties acknowledge that these provisions were specifically negotiated
and agreed bY them.
The rights granted by Grantor to the city under this agreement are for the limited
purpose of allowing the City temporary entry on to the Property for construction of the
Fi"i".t. Nothing hlrein shait be construed as a permanent conveyance of a real property
interest from Grantor to the CitY.
(Signatures on Following Page)
TemporarY Construction Easement Page 2 of 5
corporation
Name:
Tltle:
Date:
(Notary Acknowledgmenv on Following Pages)
GRANTOR:
MIREF MillCreek, LLC, a Delaware limited
liability comPanY
Date
GRANTEE:
City of Kent, a Washington munlclpal
me
By
NA
By:
Tempora ry Construction Easement Page 3 of 5
ACKNOWLEDGMENT
State of
County of
before me,ir
personally appeared #,k ?
(insert name and title of
t t,' ^A
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument snd acknowledged to me lhat he/she/they executed the same in
his/her/their authorizad capacity(ies), and that by hislher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and conect.
WITNESS my hand and oflicial seal.
@"
JOAN A;KIX5OT
Nottr/9!blic . Ct.ifotlia
9an l/tncitco Cc! 1r?
2372s7 lConmigrlon ?
r-1 10, 2025Comd:, !rPi.€e
(Seal)
A notary public or other completing this
certilicate verifies only the identity of lhe individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valid ol that document.
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on'oath and stated that he/she was authorized to execute the instrument and
acknowledge it as the - . of MIREF Mill Creek, LLC, a
Delawarelimitedriauiiitv@andvoluntaryactofsuchpartyforthe
uses and purposes mentioned in the instrument'
Dated:
-Notary Seal Must Appear Within This 4ox-
IN WITNESS WHEREOF. I have hereunto set my hand and offlcial seal the day and
year first above wrltten.
(Printed Name )
NOTARY PUSLIC,in and for the State
of Washington, residing at
My appointment exPires
ss.
)
)
)
Temporary Construction Easement Page 4 of 5
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appeared before me, and said person acknowledged that she signed this instrument'
on oath stated that she was authorized to execute the instrument and acknowledged it
;; 16" Mayor of the iity "i i""t to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument'
Dated:79?,u
)
)
)
ss.
-Notary Seat Must Appear Within Thls Box-
INW EREOF, t have hereunto set my hand and official seal the day and
year first l1
0
Printed Name;
NOTARY PUBLIC, in and for
ttt wA of Washington, residing at
ltttt t\My appointment exPires
+o tAPL
120137
'trgg1g
Tempora ry Construction Easement Page 5 of 5
TAX LOT 7759800150
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
THAT PORTION OF TRACTS 15 AND 16, SHINN'S VALLEY HOME ADDITION TO KENT'
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22'
RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST OUARTER
oF THE soUTHEAsT oUARTER oF sEcTloli tz, TOWNSHIP 22 NORTH, RANGE 4 EAST'
W.M,, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE
SOUTH LINE THEREOF S88'26'31'E 131.00 FEET TO A POINT OI'I A LINE THAT IS 131'OO
ieer pARALLEL WtTi, wneru MEASURED AT RIcHT ANGLES, FROM THE WEST LINE
oF sAtD TRACTS rS nrlo ',t6, sAlD POINT BEING THE POINT OF BEGINNING;THENCE
ALONG SAID PARALLEL LINE, N00"58',38',E 187.19 FEET;THENCE N89"01',22"W 101'00
FEET To A LINE rHAr ls 30.0b FEET PARALLEL WITH, wHEN MEASURED AT RIGHT
ntrCr-eS, FROM THE WEST LINE OF SAID TRACTS 15 AND 16; THENCE4LONG SAID
FnRnlWl L!NE, NO0'SB'38'E 227.07 FEET; THENCE S89"01'22'E 85.00 FEET TO A LINE
THAT IS 115.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHTANGLES, FROM
THE WEST LINE OF SAID TRACTS 15 AND 16;THENCE ALONG SAID PARALLEL LINE'
NOO'58'38"8 114.00 TiiT TO THE NORTH LINE OF SAID TRACT 16; THENCE ALONG SAID
ltOhfX Uf ruE, N8B"2GBi;W gS.oO FEET TO THE EAST MARGIN OF 76TH AVE S; THENCE
Aior.rc sAtD EAST trrtARolr.t, s00"sa'38"w 41B.zB FEET;THENCE LEAVING sAlD EAsr
MARctru, S43"sl'os'E lsA. iFEET TO THE SOUTH LINE OF SAID TRACT 15; THENCE
ALONG SNIO SOUTFTLINE $88"26'31"E O.72FEET TO THE POINT OF BEGINNING.
CONTAINING 27,807 SQUARE FEET, MORE OR LESS'
-? j-2o2G
Page 1 of 1
40'
N LINE TRACT 16r
I f5'
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o
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301
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27,847
SQUARE FEET
6t
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ar*"d
*'--*t*
TRACTS 15 & 16
SHINN'S VALLEY HOME
ADDITION TO KENT
131',
POINT OF
I
CORNER
BEGINNING
sw s 15
I
N
TRACT 1 5
I
I
40'
I
@
I
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REF€RENCE TO
STREETS AND OTHER LAND. NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON,
Project #08-3019
MIREF
TEMPORARY CONSTRUCTION
DRAWN
CITY OF KENT
LAND
LOCATED IN THE SW 1I4 OF THE SE
1/4 0F SEC 12, TOWNSHIP 22 N,
R,ANGE 4 E, W.M.EXHIBIT
SCALE: l'=100'
BDATE: 6t2312021
EXHIBIT E
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ill (-rapk- I lCGrantor:
Grantee:
MIRFF
Cilv Kent
Abbreviated Legal DescriPtion : Ptn Trct 15. Shinn's V allev Home Vol 7. Pa. 22
Additional Legal DescriPtion on:Fvhihit tta/
Assessor,s Tax Parcel ID No. 775980-0150 sTRz-12-22-4
L at 76th Avp Prnfection I rnn /O8-301 9 0-17-OO4Project:Mill
STORM DRAINAGE FACILITY AND
ACCESS EASEMENT
EASEMENT granted tnis lbhdaY of zAzL by MIREF
Mill Creek, LLC,a Delaware limited liability company tor"), to CitY of Kent, all(
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 perpetual'
nonexclusive storrn diainage iacility and access easement under, over, through and
across the property situaied in King County, Washington, specifically described in
Exhiblt .'A,j and giaphically depicted in Exhibit "8" (the "Easement Area")' Grantor
agrees that this easement louc'hes and concerns the land described in Exhibit A, and
that this easement shall run with the land'
The City shall have the right at all times, without prior institution of suit or
proceeding at law, but upon at lelst three (3) business days prior notice to Grantor,
Except in the event of an emergency, to enter the Easement Area and ac6ess
immediate adjacent areas with the necessary equipment and personnel for the purpose
of inspectingj maintaining, improving, repairing, constructing, and reconstructing the
itorm'drainige faciliiy ut"tnu City's s6ie cost and expense; provided, however, that the
Washington mun icipal corporation ("Grantee" or "City")
Storm Drainage Facility and Access Easement Page 1 of 5
inspection, maintenance, lmprovement repair, construction and reconstruction of the
storm drainage facility sirall 'be accomplisl'red by licensed contractors in a workmanlike
manner in compliance with all applica'ble laws, rules, regulations and ordinances, and
shall be completed with diligence and in a manner that minimizes disruption to
Grantor,s property; anJ froviOid further, that in no event shall the City materially and
unreasonjbly impede or obstruct pedestrian and/or vehicular ingress and egress on, or
to and from, Grantor's ProPertY.
When exercising its rights under this easement, the City will avoid damaging any
private improvements-exisilrig within or adjacent to the Easement Area and the City will
restore private improvementJ if damaged by Grantee's actions to as good condition as
they were immediately before the Easement Area was entered upon by the City'
The City shall, at its sole cost and expense, maintain and repair the storm
drainage faciliiy and all related equipment from time to time as the City deems
reasonably necessary or appropriate.
Grantor agrees not to interfere with City's rights under. this easement'
Interference includes, but is not limited to, creating any obitructions that would impede
the city,s ingress and egress or access to the Easement Area, physically modifying the
Easement Area, or preventing proper use of the storm drainage facility'
To the extent permitted by law, the city shall protect, defend, indemnify and
save harmless Grantor and Grantor's agents, officers, contractors, subcontractors'
suppliers an6l employees, from any and-all CoSts, expenses, claims, actions' Suits'
f iiblfity, loss, judgments, attorneys' fees andlor awards of damages arising out of or in
iny *uV resujtin6 from the intentional misconduct and/or negligent acts of the City
and/or its agents, officers contractors, subcontractors and employees with respect to
ine'proje.t ind/or the City's exercise of its rights pursuant to this agreement' If such
.ortr, d*p"nr*s, claims, actions, suits, liability, loss, iudgments, attorneys'fees and/or
awards of damages are caused by, or result from, the concurrent negligence of the
parties, or their respe&iu" agents,'officers, contractors, subcontractors and employees,
inir p"rrgtaph shali be valid-and enforceable only to the extent of the negligence of the
City and its agents, officers, contractors, subcontractors and employees' The foregoing
indemnity is specifically and e*ptessly lntended to constitute a waiver of the
indemnifying purtyi immunity undet Washington Industrial Insurance Act, RCW Title
51, with respect to the indemnifying party only, and only to the extent necessary to
provlde the indemnifiei party with alull and complete indemnity of claims made by the
indemnitor's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed by them'
(Signatures on Following Page)
Storm Drainage Facility and Access Easement Page 2 of 5
GRANTOR
MIREF M|II
company
a Delaware limited liabillU
Title:
Date
GRANTEE:
Clty of Kent, a Washington municipal corporation
Name:
Title
Date:
(Notary Acknowledgments on Following Pages)
By
Na
Storm Dralnage Facillty and Access Easement Page 3 of 5
ACKNOWLEDGMENT
A notary public or other officer completing
certilicate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that
Siate of
County of
I
before me,v
(insert name and the
personattyappeared E rk- P r*+ ta--/.-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the sams in
his/her/their authorized capacity{ies), and that by hislher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and conect.
WITNESS my hand and officialseal
@,,,
JoAx A:(lri50t'l
{ottr-Y P;biic - CarifErria
9.n t'rlci5cc CoLnw
7312973Corcmission ;
Colrtr. ElPiie'A*g 30, 20?5
(Seal)
STATE OF WASHINGTON
COUNTY OF KING
IcertifythatIknoworhavesatisfactoryevidencethat-isthe
person who appeared before me, and said person acknowledged that.he/she signed this
initrument, on'oath stated that he/she was authorized to execute the instrument and
acknowledged it as the of MIREF Mill creek, LLc, a Delaware
timited tiJUitity compffi to ne ttre]rie ana voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated;
-Notary Seal Must Appear Wlthin 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
ss,
Storm Drainage Facility and Access Easement Page 4 of 5
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appear"d bufor" me, and said person acknowledged that she signed this instrument,
on oatlr stated that she was authorized to execute the instrument and acknowledged it as
in" M"yor of the City of Kent to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrurnent.
b
)
)
)
s5.
Dated
I trt t I I tl! I
Storm Drainage Facility and Access Easement Page 5 of 5
-Notary Seal Must Appear Wlthin This Box'
REOF, I have hereunto set my hand and official seal the day
and yea
Printed Name
NOTARY PUBLIC, in and for
OFW of Washington, residing at
My appointment exPires
EXHIBIT 4
TAX LOT 7759800150
DRAINAGE EASEMENT
THAT PORTION OF TRACT 15, SHINN'S VALLEY HOME ADDITION TO KENT, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22, RECORDS OF
KING coUNTy, WAsHtrubtoru, LocATED lN THE SoUTHWEST QUARTER oF THE
SOUTHEAST AUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W'M''
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 'I5, THENCE ALONG THE
SOUTH LINE THEREOF S88'26'31"E 2O.OO FEET TO THE POINT OF BEGINNING, SAID
POINT BEING ON A LINE THAT IS 4O.OO FEET PARALLEL WITH, WHEN MEASURED AT
RIGHT ANGLES, FROM THE WEST LINE OF SAID SOUTHEAST OUARTER OF SECTION
12; THENCE ALONG $AlD PARALLEL LINE N00'58'38"E 74.36 FEET;THENCE S43'51',05'E
105.91 FEET TO THE SOUTH LINE OF SAID TRACT 15; THENCE ALONG SAID SOUTH
LINENSs'26'3l"WT4,6TFEETTOTHEPOINTOFBEGINNING'
CONTAINING2,776$QUARE FEET, MORE OR LESS'
1-lZ_ett1
2 0'20
(\t
oo(\l
Iotszt!
I
a"-"Ql.
.o$"d
11
o
o
F
F(oF
TRACT 15
SHINN'S VALLEY HOME
ADOITION TO KENT
I
io(t
+
HJo
s")€rn
6oz
I
SW CORNER
TRACT 15
15N88'26',31.W 74.67'TRACT
_1
POINT
BEGINNING
I
I
40'
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'
#0s-301 I
2,776 SQ. FT.
MIREF
DRAINAGE EASEMENT
DRAWN BY:
1"=5O
EXHIBIT
BDATE: OgnznMgCITY OF KENT
LOCATED IN THE SW 1/4 OF THE SE
1/4 OF SEC 12, TOWNSHIP 22 N'
RANGE 4 E. W,M.
EXHIBIT F
WHEN RECORDED RETURN TO
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor:MIREF Mill Creek-
Grantee:Citv of Kcnf
Abbreviated Legal DescriPtion:Ptn, Trct 15 Shinn's Val Home Vol T 22
Additional Legal DescriPtion on:Exhibi t NA"
Assessor's Tax Parcel ID No. 775980-0150 " sTR:- L2-22-4
Project:UjllCreekatT6tr'AveFloodProtejtionImp./08-30t9/PW2017-00+
UTILITY EASEMENT
EASEMENT sranted this ialday of frfuW|. zozUbv MIREF.MIII creek,
LLC, a Delaware tiririteO liability company ("Grantor";, to City of Kent, a Washington
municipal corporation. ("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 City,
its successors and/or assigns, in lieu of condemnation, a perpetual easement for a
watermain with necessarylppurtenances and other related utilities, including use of
incidental areas immediately'adjacent for the installation, operation, maintenance,
extending, construCtion, altering, reconstructing and repair over, through, under'
across and upon the property lituated in King County, Washington, specifically
described in ixhibit -h- and graphically depicted in Exhibit "8" (the "Easement
Area,,). Grantor agrees that this easement touches and concerns the land described
in exrribit A, and that this easement shall run with the land.
City shall have the right at times as may be necessary, without prior institution
of suit or proceeding at lJw, but upon at least three (3) business days prior notice to
Grantor, except in ihe event of an emergency, to enter the Easement Area and
Utility Easement Page 1 of 5
immediate adjacent areas with the necessary equipment for the purposes of altering,
inStallation, operation, maintenanCe, extending, constructing, repair and
ieconstructing bf the watermain and other related utilities at City's sole cost and
expense; privided that the alteration, installation, operation, maintenance,
exiension, construction, repair and reconstruction of the watermain and other related
utilities shall be accomplis'hed by licensed contractors in a workmanlike manner in
io*piiun.e with all appiicable laws, rules, regulations and ordinances, and in such a
manner that the private improvements existing within this Easement Area, including
incidental areas, and the operation of Grantor's business therefrom, shall not be
disturbed, destroyed or disrupted in any form or fashion, or in the event they are
disturbed, destroyed andlor disrupted, they will be replaced in as good a condition as
they were immediately before the property was entered upon by City;.and provided
further, that in no event shall City materially and unreasonably impede or obstruct
pedestiian and/or vehicular ingress and egress on, or to and from, Grantor's
property.
City shall, at its sole cost and expense, maintain and repair the watermain and
other related utilities and all related equipment from time to time as City deems
reasonably necessary or appropriate'
Grantor shall retain the right to use the surface of the Easement Area including
incidental areas so long as Granlor's use does not interfere with the uses described
herein. Under no circuristances shall any permanent structures be placed or erected
in the Easement Area.
Grantorshall not change the surface grades, except as approved in advance by
City (which approval shall not be unreasonably withheld, conditioned or delayed)' in
any mann"t ihut would unreasonably interfere with ingress, egress and access by
City or adversely affect the existing utility and/or the utility to be installed therein.
To the extent permitted by law, the City shall protect, defend, indemnify and
save harmless Grantor and Grantor's agents, officers, contractors, subcontractors and
employees, from any and all costs, expenses' claims, actions, suits, liability, loss,
judgments, attorneys' fees and/or awards of damages arising out of cr in any way
i.r,Itting from the intentional misconduct and/or negligent acts of the City and/or its
agents, -officers contractors, subcontractors and employees with respect to the Project
uia/or'the City's exercise of its rights pursuant to this agreement. If such costs,
expenses, claimS, actions, suits, liability, loss, judgments, attorneys' fees and/Or
awards of damages are caused by, or result from, the concurrent negligence of the
parties, or their respective agents, officers, contractors, subcontractors and
emptoyees, this paragraph shall be valid and enforceable only to the extent of the
negligence'of tlre City and its agents, officers, contractors, subcontractors and
u,ript6y""r. The foregoing indemnity is specifically and expressly intended to
constitute a waiver of th-e inJemnifying party's immunity under Washington Industrial
Utility Easement Page 2 of 5
Insurance Act, RCW Title 51, with respect to the indemnifying party only, and only to
the extent necessary to piovide the indemnified party with a full and. complete
inOlmnity of claims made by the lndemnitor's emptoyees. The parties acknowledge
that these provisions were speclfically negotiated and agreed by them'
This Easement shall be a covenant running with the land forever and shall be
binding on Grantor's successors, heirs, and assigns.
GRANTOR:
MIREF MIII
Name:
Title:
Date:
GRANTEE:
CiW of Kent, a Washing ton munlciPal corPoration
By:
Name:
Title:
Date
(Notary Acknowtedgments on Following Pages)
"<i'By
Utility Easement Page 3 of 5
ACKNOWLEDGMENT
State of California
County of (,"=Y*r'a-6u )
before me ba'v'\
(insert name of the
personally app€ared E,t-P \ar- a
who proved to me on the basis of saiisfaclory evidence to be the person(s) whose name(s) is/are
subscribed to the wilhin instrument and acknowledged to me that he/she/they executed lhe same tn
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person{s}, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiff under PENALTY OF PERJURY under lhe laws of lhe State of California that the foregoing
paragraph is true and conect.
WITNESS my hand and officialseal
JoA$ A;Klt{s0{
totalv t:bric ' Cl:ifcr'lla
5an F'rnciscc lcr'tt
Conrission 3 i372973
a
ar
(Seal)Conn. Extiree A'8 3C. ZCz:
A notary pu or other officer completing this
certificale verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
va of that document.
STATE OF WASHINGTON
COUNTY OF KING
Dated l
s5
)
)
)
I certify that I know or have satisfactory evidence that
-
is the
person who appea."d b"fot" me, and said person acknowledged that they signed this
instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it as the of MIREF Mill €reek, LLCI a Delaware limited
liability company, to b"EG and voluntary act of such party for the uses and
purposes mentioned in the instrument'
-Notary Seal Must Appear Withln 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
Utility Easement Page 4 of 5
STATE OF WASHINGTON
COUNTY OF KING
Dated:
)
)
)
ss
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appear"a u"ror. me, and said person acknowledged that she signed this instrument'
on oath stated tnat sfre wai authorized to execute the instrument and acknowledged it as
the Mayor of the ciii;i-ent to Ue the free and voluntary act of such party for the uses
and purposes mentioned in the instrument'
-Notary Seal Must Appear Within This Box'
, I have hereunto set my hand and official seal the day and
yea r
120137
Printed Name
NOTARY PUBLIC, in and for
OFW of Washington, residing at
My appointment exPires
Utility Easement Page 5 of 5
EXHIBIT 4
TAX LOT 7759800150
UTILITY EASEMENT
THATPORTIONOFTRACTlS,SHINN'SVALLEYHOMEADDITIONTOKENT'ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22' RECORDS OF
KING COUNTv, WASHINbTON, LOCATED lN THE SOUTHWEST QUARTER OF THE
SoUTHEAST QUARTER oF sEcTloN lt, ToWNSHIP 22 NoRTH, RANGE 4 EAST' W'M''
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15' THENCE ALONG THE
SOUTH LINE THEREOF S88"26'31'E 2O,OO FEET TO A LINE THAT IS 4O'OO FEET
pARALLEL WITH, WHEN MEASURED ni nloHr ANcLES, FRoM THE WEST LINE oF sAlD
souTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID PARALLEL LINE
NOO"58'38'E74.36FEET TO THE POINT 6T EECINNINGI THENCE CONTINUING ALONG
sAlD PARALLEL LINE N00o58',38',E 35.46 FEET; THENCE S43'51',05"E 135'06 FEET TO A
LINE THAT IS 15.00 FEET PARALLEL WLTH, WHEN MEASURED AT RIGHT ANGLES' FROM
THE SOUTH LINE OT iruO TRACT 15; THENCE ALONG SAID PARALLEL LINE
N88"26,31'W 35,61 FEET: THENCE N43'51'05"W 84'55 FEET TO THE POINT OF
BEGINNING.
CONTAININGI,T4SSQUARE FEET, MORE OR LESS'
/9't>-Qal
20'20'
N00'58'.38"E 35.46'
.n$"d
I
POINT OF
BEGINN tNG TRACT 15
SHINN'S VALLEY HOME
ADDITION TO KENTa
o
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c{
oQf{
voq)
F-zlt-
(oo+ts
t!
6!t@!r,
ooz
I
SW CORNER
TRACT 15-l
N88"26',31',w 35.6
S LINE 15
s88'26'31"8
40'
{
ry 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.
@
I
ProJect #08-3019
MIREF
UTILIW EASEMENT
DRAWNBY: TLM
SCALE: 1"=50'
EXHIBIT
BDATE: 1211512A21
CITY OF KENT
LAND SURVEY SECTION
TLOCATED IN THE SW 1/4 OF THE SE
1/4 OF SEC 12, TO\i\NSHIP 22 N,
RANGE 4 E, W.M.
EXHIBIT G
RIGHT OF ENTRY AGREEMENT
THIS INSTRUMENT is made uris lbfoav of F<h(W{,=, ,
and between MIREF Mill Creek, LLC, a Delaware limited liability
iiO*n"fl, and the City of Kent, a municipal corporation (the "City")
zozLov
company
Owner owns a fee simple and/or has a substantial beneficial interest in
the following described real broperty: 22tL4 76th Ave' S', Kent, WA 98032'
Tax Lot: 77598O'0L50 ("Property")i
city desires a temporary Right of Entry Agreement to enter upon and
have access to the t;Grty for t-he purposti of removal and installation of
u"g"tttion and irrigation, to'add st.iping for temporary parking spaces, and to
make sign adjustments ("Activity");
NOW, THEREFORE:
AGREEMENT
1. In consideration of glty's performance of the agreements
expressed in this instrument, Owner hereby conveys and warrants a temporary
Rldht of Entry on tne Property to City, its agents and employees, subject to
an? conditioned upon the.terms, conditions and covenants in this Agreement'
wnicn the City heieby promises to faithfully and fully obserue and perform'
Z. This Right of Entry shall commence on the date of this instrument
and termlnates on the date the Activity is completed'
3. Ctty shall indemnify and hold Owners harmless from and against
any and all loss and damages caused by the Activity under this instrument or
any *.ongful or negligent act or omission of its agents or employees in the
cource of their employment with the City.
4. City shall exercise its rights under this Agreement so as to
minimize, ana ivoiO ii reasonably posiibte, intederence with Owner's use of
tne propdrty. City shall at all times conduct its activities on Owner's property
so as not to lnte*ere wlth, obstruct or endanger Owner's activities and
improvements.
OWNER: CITY OF KENT:
By:By:
Name:Na me:
Its:Its:
Page 1 of 1