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Home My WebLink AboutCAG2022-075 - Original - Grantor: Sandra K. Newby - Kherson Park Temporary Construction Easement - 01/28/2022FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Sup/Mgr: DirAsst E L Dk/Dep: fuKENT (Optional) WasHrNotoN E oL CLq. Originator: Lynn Osborn Department: Parks, Recreation & Community Services Date Sent: 02/77 /2022 Date Required: Earliest opportunity please Authorized to Sign: lTluuyor or Designee Date of Council Approval: N/A Budqet Account Number: P21035.6XXXX.530 Budset? nvesff*o Grant? Ves! ruoE Type: l\/tr tro Po ELorFs PEa EooL cD Vendor Name: Grantor: Sandra K. Newby Category: Other Vendor Number:Sub-Category: Original ProjectName: ls6porary Construction Easement - KherSOn Park ProjectDetails: Granting temporary easement and right of entry for construction at Kherson Park Agreement Amount: 10,00 start Date: 1111812020 Basis for Selection of Contractor: Ot h e f* Memo to Mayor must be attoched Termination Date: Eight (8) months Local 3 lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace, Business License Yesn Exempt (KCC 5.01.045) Notice required prior to disclosure? f]v"tflr.ro Contract Number: cAc"fl QCIaa- b+5 N4trFIB s E 2022 PIDEwKENr Comments: ClukYL-- vw lnoL =ibtGCD =CC'tE =Eo oE CityClerk's OOrr"2/ffiDate Routed: Mayor's OfficeDate Received: City AttorneY: adccw22373 -1 _20 Visit Documents.KentWA.gov to obtain copies of all agreements rev. 2021 05I 3 rcvd recorded version 03/10/2022 - MM Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-1 of 8 Record Date:3/8/2022 3:16 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS] AFTER RECORDING MAIL TO: City Clerk City of Kent 220 4th Avenue South Kent, WA 98032 Grantor: y-a- K . Grantee: Cit f K nt Abbreviated Legal Description: Additional Legal Description on: Assessor's Tax Parcel ID No.— STR: -- Project: Temporary Construction Easement EASEMENT granted this _ day of f2022 by). °'Grantor"), to _ , CITY OF KENT, a Washington municipal corporat' n ("Grantee" or "Cl "), Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or other valuable consideration, receipt of which is hereby acknowledged, grants to Grantee, its successors and/or assigns, in lieu of condemnation, a temporary easement, including reasonable rights of ingress and egress, through and across a portion of tax parcel 982 700391, also known as 307 W Gowe St., Kent, WA, , specifically described in Exhibit A and graphically depicted in Exhibit B, "Easement Area"), to be used only during construction of improvements in conjunction with the Kherson Park Project ("Project"). The temporary construction easement and right of entry shall commence on the date of first entry onto the Property by Grantee, its agents or contractors, for purposes of commencing construction of the Project (the "Commencement Date"'), and shall continue during construction of the Project for a period of eight 8) months thereafter (the "Term"). Temporary Construction Easement Page 1 of 7 Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-2 of 8 Record Date:3/8/2022 3:16 PM King County, WA 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 expense, provided that the construction of these improvements shall be accomplished in such a manner that the existing improvements on the Property shall not be disturbed or destroyed, or if they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the Property was entered upon by the City. In addition, the City shall use commercially reasonable efforts to avoid interfering with Grantor's normal activities on Grantor's adjacent property as the City exercises its rights. The City shall at all times exercise its rights under this temporary construction easement and right of entry in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantor agrees not to interfere with 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 and employees, from any and all costs, expenses, claims, actions, suits, liability, loss, judgments, attorneys' fees and/or awards of damages arising out of or in any way resulting from the intentional misconduct and/or negligent acts of the City and/or its agents, officers, contractors, subcontractors, suppliers and employees with respect to the Project and/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, suppliers and employees, this paragraph shall be valid and enforceable only to the extent of the negligence of the City and its agents, officers, contractors, subcontractors, suppliers and employees. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the indemnifying party's immunity under Washington's Industrial Insurance Act, RCW Title 51, with respect to the indemnifying party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed by them. Temporary Construction Easement Page 2 of 7 Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-3 of 8 Record Date:3/8/2022 3:16 PM King County, WA 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 Project. Nothing herein shall be construed as a permanent conveyance of a real property interest from Grantor to the City. GRANTOR: .. mQx.,: Name: Title: C) Vr- Date GRANTEE: The City of Kent, a Washington municipal corporation Name: - Date: (Notary Acknowledgments on Following Page) Temporary Construction Easement Page 3 of 7 Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-4 of 8 Record Date:3/8/2022 3:16 PM King County, WA STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Sari K• 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 acknowledged it as the Oar of, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _ ' 022 -Notary Sea/ Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. CA (Printed Name)exp _QCLI �� NOTARY PUBLIC in and for the State NC°A "� of Washington, residing at yk PUBLIC My appointment expires wlOW 00 or Temporary Construction Easement Page 4 of 7 Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-5 of 8 Record Date:3/8/2022 3:16 PM King County, WA STATE OF WASHINGTON ) ) ss. 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 h /she signed this instrument, on oath and stated that he/sh was authorized to execute the instrument and acknowledged it as the of The City of Kent, a Washington municipal corporation, to a the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 6 1-- ,'3 - year -Notary Seal Must Appear Within This Box - I have hereunto set my hand and official seal the day and (Printed Name)__ NOTARY PUBLIC, I and fort St to of Washington, residing at My appointment expires Temporary Construction Easement Page 5 of 7 Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-6 of 8 Record Date:3/8/2022 3:16 PM King County, WA EXHIBIT A Legal Description of Area EXHIBIT_ TAX LOT' 9526700391 TEMPORARY CONSTRUCTION EASEMENT CONTAWING 244 SQUARE FEET, MORE OR LESS, Temporary Construction Easement Page 6 of 7 Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-7 of 8 Record Date:3/8/2022 3:16 PM King County, WA EXHIBIT B Depiction of the Easement Area Temporary Construction Easement Page 7 of 7 Instrument Number: 20220308001263 Document:EAS Rec: $210.50 Page-8 of 8 Record Date:3/8/2022 3:16 PM King County, WA 244 SQ. FT 20020321002482 1 11 ! N I LOT II & 12 PARCEL #982570039520020321002483 W GOWE ST 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 LOCATED IN THE SW 1/4 OF THE NE EASEMENT 1/4 OF SEC 24, TOWNSHIP 22 N. DRAWN BY: GM RANGE 4 E, W.M.'�"'"A " EXHIBIT CITY OF KENT SCALE: 1 "=25' LAND SURVEY SECTION DATE: 01/25/2022