HomeMy WebLinkAboutCAG2022-065 - Original - MIREF Mill Creek, LLC - Mill Creek at 76th Ave Flood Protection Improvements Settlement Agreement - 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)
G
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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'
N LINE TRACT 16r
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27,807
SQUARE FEET
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TRACTS 15 & 16
SHINN'S VALLEY HOME
ADDITION TO KENT
131'.
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POINTOF
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BEGINNING
sw coRN
TRACT {
s 15
4A'
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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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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,
Instrument Numb erz 202202240A0860 Document:EAS Rec: $210.50 Page-l of 8
Record Datez2/24/2022 2:52 PM
Ele-;tronicai$ neio.ded fing County, WA EXCISE TAX f{OT REQUIRED BY AL VASSI
WHEN RECORDED RETURN TO
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor:
GrantGei
Abbreviated LegaI Description:*PtniEqgJl'fhrfrns Ue]!ef-H-SIL9'-y9lZ'Pq'" Z--
Addltional Legal Description on: ExhibiillAl-- ' I 'H
Assessor's Tax Parcel ID No. 775980-0150 STR:-12-22-4
ProJect: Mill Creek aS. Till.3vejlssdflstectien*tmo.1-0-8--"3-819lPw?0!7:Og "**
STORM DRAINAGE FACILITY AND
ACCESS EASEMENT
EASEMENT g ranted this *lhldaY or 2O2L by MIREF
Mill Creek, LLC,a Delaware limited liability company ntor"), to CitY of Kent, a
Washington mun icipal corporation ("Grantee" or "City"):
Grantor,forandinconsideratlonofTenDollarsandNollOO($10.00)and/or
other valuable consideration, receipt of which is hereby acknowledged' grants to
Grantee, its ,r.."rroi, and/or asslgns, ln lieu of condemnatlon' a perpetual'
nonexclusive storm drainage facility and access easement under, over, through 31d
acros$ the prsperry situafeA in King County, {as-hlngto3, specifically a;scrlle-{-i1
Exhiblt *,A" and grrp-hitJiy dupl.tud-in Exhiilit "8" (the "Easement Area")' Grantor
aorees thal this *rr"**nt iouc'hes and .onioni rhe iand described in Exhibit '{' and
th-at this easernent shall run wlth the land'
The City shall have the rlgh t at all times, without Prio r instltution of sult or
proce eding at law, but upon at least lhree (3) business days Prior notice to Grantor,
except in the event of an emergency,to enter the Easement Area and access
immediate adj acent areas with the necessary equipment and Perso nnel for the PurPose
of insPecting , maintaining , improving,repalring,constructing, and reconstructing the
storm dralnage facility at th e City's sole cost and expense;provided,how€ver, that the
Storm Drainage Facility and Access Easement Page 1 of 5
Instrument Numberz 2022A224000860 Document:EAS Rec: $210.50 Page-2 of 8
Record Date:2124/2022 2:52 PM King Countyo WA
inspection, maintenance, Improvement..repair, construction and reconstruction ol the
storm drainage racility-ii,uii l" "..omplistred
by licensed contractors ln a workmanllke
manner in compliance with all appllcable taws,'rutes, regulations and ordinance$' and
shall be completed *itt't- aitigunce and in a' manner that minimtzes dlsruption to
Grantor,s property; ""6'pt*io"J iurtn"t, tttut in no event shall the City nraterlally and
unreasonably impede or'obstruct pedestrian arrd/qrr vehicular ingress ancl egress on' or
to and from, Grantort ProPertY,
when exercising lts rights under this easement, the city will avoid damaging any
private improvemen6i*iriiriS *ithln or ad1acent to the Easement Area and the City will
restore private rrnp.ou**Lnii if dutug*d by Grantee's actions to as good condition as
ilil*;i; i;r"Jiircrv n*ior* tn" EasJmenr'Area was entered upon bv the citv.
TheCityshall,atltssolecostandexpense,majntalnandrepairthestorm
drainage facility and all related equipment riom time to time as the city deems
reasonably necessary or appropriate'
GrantoragreesnottointerferewithCity,srightsunderthiseasement'
Interference includes,iui iu not limited to, creatins iny obltruetlons that would inrpede
the Ctty,s ingress "nrr egt*is oi u.."r, to di; faslment Area, physically modlFylng the
Easement Area, or pruuJnitng proper use of the storm drainage facility'
To the extent permltLed by law, the City shall protoct, defend, indemnify and
save harmless crantli and Grantor's agenls,' offlcers, contractors, subcontractors,
suppliers anct employe-eul fto* -any
and-all costs, expeft$es, Claims, actlons' suits'
liability, loss, judgmenii,
"ttorney$n
fees and/or awards of damages arlsing out of or in
;;;Jy r-J,irtriis fi"*'tl.'e-int.'niional misconduct and,/or negligent acts of the City
and/or it$ agents, offi.u* iont.aclors, subcontractors and employees with respect to
the project and/or tn" Ciiv'i-"tercise of. its- rights pursu.ant to. thls agreement' If such
costs, expenses, ctaimsrittion.l rri6, liabilitf, loss, judgments, attorneys'fees and/or
awards of damages are cauSed by, or result'from, ih* concurrent negligenCe.Of the
parties, or their r"rp*tru" tg;tr,'offla"rs,.contractor$, subconfractors and ernployees,
this paragraph shall u"-"ufiJ"a"JenrorceaUle only to the extent of the negligence of the
City and its agents, ofiicers, contractor$,.rub.onttactors and employees' The foregoing
indemnity is specrnc'iiiy
-inJ *iprusity.intenOed to constitgte a waiver of the
indemnifying party's il;";iit unAer wi,sfrlngton Inclustrial In$urance Act' RcW Title
51, with respect to the inaemnirying party oily. and only to..the extent neces$ary to
provtde the indernnln.J paitV *itn aiutf anO comptete lndemnity. of claims made by the
lndemnitor's ernployees. The parties acknowledge that these provislons were
specifically negotiated and agreed by them'
(Signatures on Followlng Page)
Storm Drainage Facility and Access Easement Page 2 of 5
Instrument Number:20220224000860 Document:EAS Rec: $210.50 Page-3 of 8
Record Date:2/2412022 2:52PM King County, WA
GRANTORI
MIREF MIIIC
company
a Delaware limlted liablllW
Tltle
Date;
By
Na
GRANTEE:
CftV of Gnt, a Washlngton rnunicipal corporation
By
Name:
Tttle
(Notary Acknowledgments on Foltowtng Pages)
Storm Dralnage Facillty and Access Easement Page 3 of 5
Instrument Number:20220224000860 Document:EAS Rec: $2L0.50 Page-4 of 8
Record Date:2124/2022 2:52 PM King County, WA
ACKNOWLEDGlllENT
A notary public or oflicsr ihis
certilicate verifies onlY the identity of the individual
who signed the document to whlch this certificate is
attached, and not the truthfulnoss, accuracy, or
State of
County of
t
befora me,
(insert name and lhe
I certify under pENALTY OF PERJURY under the laws of the state of california that the foregoing
paragraph is true and consct'
WITNESS mY hand and officlalseal.
ffi.,
JoAN A:Kl{so"l
lot Jry t:bric - (arifollia
5rn f'tl{irci (o'qrv
1 1797iCormission;r-g 10, 1025
(Seal)Eodft. ErPires
lnstrument Numberz 2022A224000860 Document:EAS Rec: $210.50 Page-S of 8
Record Date:2124/2022 2:52PM King Countyo WA
STATE OF WASHINGTON
COUNTY OF KING
ss
)
)
)
I certlfy that I know or have satisfactory evidence .that.---.|-=---"'-* il ih'!
person who appeareO before me, and satO perion acknowledged that he/she signed thls
lnstrument, on oath ,[ai"O that he/she was- authorlzed to execute the instrument and
acknowledgeditasthe-.-.-**oflvlIREFMlllCreek,LLC,aDelaware
timitcd tiabitity compfffiG-5E tnJrree #t'voluntary act of such partv for the uses
and purposes mentioned in the instrument'
Dated:,.-
-Notary Seal Must Appear Wtthln Thls Eox'
INWlTNEssWHEREoF,Ihavehereuntosetmyhandandofficialseal
the day and year first above written'
Prlnted Name:-
NOTARY PUBLIC, ln and for the State
of Washington, residlng at
-
My appointment exPires
Storm Drainage Facility and Access Easement Page 4 of 5
Instrument Numb er: 20220224000860 Document:EAS Rec: $210.50 Page-6 of 8
Record Date:2124/2022 2:52 PM King County, WA
STATE OF WASHINGTON
COUNTY OF KING
ss.
I certify that I know or have satisfacrory evidence tha.t Dana Ralph ls the person
who appeared before me, and said person acknowledged that she slgned this instrument'
on oath $tated that sfre'ilas authsrized lo execute the- instrument and acknowledged it as
the Mayor of the CityLiKdi 6 be the free and voluntary act of such party for the uses
and puiposes mentioned in the instrument'
Dated
-Notary Seal Must Appedr Wlthin Thls Box-
F, I have hereunto set my hand and official seal the day
and
Printed Name:
NOTARY PUBLIC, in and for
of Washington, residing at
My appointment exPires
Storm Drainage Facility and Access Easement Page 5 of 5
Instrument Numb er: 20220224000860 Document:EAS Rec: $210.50 Page-7 of 8
Record Date:212412022 2:52PNl King Countyo WA
EXHIBIT 4
TAX LOT 775S800150
DRAINAGE EASEMENT
THAT PORTION OF TRACT 15. SHINN'S VALLEY HOME ADDITION TO KENT' ACCORDING
TO THE pLATTHEREdiInECO{OED tN VOLUMET oF PLATS' PAGE22' REq9RDS OF
K|NG couNTv, wnsnir'rb'iotr,locnrED lN THE sourHwEsr oUARTER oF THE
soUTHEAsTounnrenor_secrtorul2,ToWNsHlP22NoRTH,RANGE4EAST'W'M''
DESCRIBED AS FOLLOWS;
coMMENcINGATTHESoUTHWESTcoRNERoFSAIDTRACTIS,THENCEALoNGTHE
SOUTH LINE THEREOTiiEIZO'C1'E 2O.OO FEET TO THE POINT OF BEGINNING' SAID
PO]NT BEING ON A LINEiiNT IS 4O.OO FEET PARALLEL WITH' WHEN MEASURED AT
RTGHT ANGLES, FRotvliHE WEST LINE oF SAID soUTHEAST QUARTER oF SEcTloN
12; THENCE AL6NG snrij innnr-LEL LINE N00'58'38"E 74'36 FEET; THENSE S43'51'gs"E
l0S.glFEETTornrsournLINEoFSA|DTRACTls;THENCEALoNGSAIDSoUTH
irr.]e Nea"ze'g1'w 74,07 FEET To rHE PoINT oF BEGINNING'
CONTAINING 2,776 SQUARE FEET' MORE OR LESS'
1 - ]% -p"t1
Instrument Number:20220224000860 Document:EAS Rec: $210.50 Page-8 of 8
Record Date:212412022 2:52PNl King Countyo WA
2 0'zo'
aa"-"-*+N
ooN
3o
2L
ar*"d
TRACT 15
SHINN'S VALLEY HOME
ADOITION TO KENTa
o
.t+,(r'F I
q
rfts
ul
@gto0oo2
,Jn "o**r*TRi\CT 15
15N48"26',3't',W 74.67'
_l
POINT
BEG INNING
I
40'
{
ry
ffi
I
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE TTIE LANO INDICATED
HEREON WITH REFERENCE TO
STREETS ANO OTHER LANO' NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON'
#08-3019
2,776 SQ. FT
MIREF
DRAINAGE EASEMENT
EXHIBIT
BDATE:CITY OF KENT
I,AND
LOCATEO IN THE SW 1/4 OF TIIE SE
r/4 0F sEc 12, TOWNSHIP 22 N'
RANGE 4 E. W,M.
Instrument Number:20220224000861 Document:EAS Rec: $210.50 Page-l of 8
Record Date:2/24/2022 2:53 PM
Electronicaiiy neiorded KingCounty, WA EXCISE TAX NOT REQUIRED BY AL VASSI
WHEN RECORDED RETURN TO
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor:
Grantee:
Abbreviated Legal Trct I inn's H Vol 7 2
Additional Legal DescriPtion on:Exh it *a"
Assessor's Tax Parcel ID No. 775980-0150 -'STR:' 12-22'4
project: l[il! cree k.e t J6lr]4veflssd*nlal"csusslmsls&3gruEwa0u.:aga*
UTILIW EASEMENT
EAs EM ENr s ra nte d *r i s jd d u v ot&1mtsf,{i#fth?L$l: :t ^Hi^ffi"lLLC, a Delaware timitea liability company ('
municipal corporation. ("City")'
Grantor,forandinconsiderationofTenDollarsandNo/100($10.00)and/.or
other valuable consideration, receipt of which is hereby acknowledged, grants to city'
its successors and/or asriSnr, in lieu of condemnation, a perpetual easement for a
watermain with necessary appurtenances and other related utilities, Including use of
incidental areas immJdiui"ti uoj"."nt for the installation, operation, maintenance,
extending, construction, urtb.in6, reconslructing and reoall. over, through, under,
across and upon tn" p?"ptr.ty -situated in Kini County' .!ru-1s.trin9t91' specifically
described in Exhiblt "f,';lna'S-ptricatty depicGd in Exhibit "8" (the "Easement
Area,.), Grantor agrees that th'L easement touches and concerns the land described
in Ei{init A, and rfiat this easement shall run with the land.
Cityshallhavetherightattimesasmaybenece'ssary,.withoutpriorinstitution
of suit or proceedinS .i f"", Oui upon at least three (3) business days prior notice to
Grantor, except in the event of an emergency' to enter the Easement Area and
Utility Easement Page 1 of 5
Instrument Numberz 20220224000861 Document:EAS Rec: $210.50 Page-2 of 8
Record Date:2124/2022 2:53 PM King Countyo WA
immediate adjacent areas with the necessary equipment for the purposes of altering'
inStallation, operation, maintenance, extending, constructing, repair and
reconstructing of ttre watermain and other related-utilities at City's sole cost and
";;;";; tr[vided that the alteration, installation, operation, maintenance,
extension, construction, repair and reconstruction of the watermain and other related
utilities shall be u..#biit["a Ly ti."nt"d contractors in a workmanlike manner in
i"*pf ir".* wtth all
"ppii.rUru
raws, rules,^regulations and ordlnanres, and ln such a
manner that the ptiuff itptbvements existiilg within this Easement Area' including
incicJental areas, und tt't" 6plration of Grantir's business therefrom, shall not be
Jiririn.O, destroyed or disiupted in any form or fashion, or in the event they are
disturbed, destroyed i"aii, disrupted, they will be replaced in as good a co.ndltion.as
they were immediateiy before the property was enteiecl upon by City; and provided
further, that in no event shall city materially and unreasonably impede or-obstruct
pedestrian and/or uuni.riui ingiess and egress on' or to and from' Grantor's
property.
Cityshall,atitssolecostandexpense,maintainandrepairthewatermainand
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 foni as Granior's use does not interfere with the uses described
herein, Under no circumstances shall any permanent structures be placed or erected
in the Easement Area.
Grantor shall not change the surface grades, except as a.pproved in advance by
CitV twnicfr approval shall not be unreasonibly withheld, conditioned or delayed)' in
any manner that would unreasonably interfeie with ingress, egress and access.by
citv oi"au"rsety arreiithe extsting utility and/or the utility to be installed therein'
Totheextentpermittedbylaw,thecityshallprotect,defend,indemnifyand
save harmless Grantor and Grantor's agents, oificers, contractors, subcontractors and
employees, from any and all costs, expen$es, claims, actions, suits, liability, loss,
judgments, attorn*yr'?ues and/or awards of damages arising out of or in any way
'.*i,liti"g from the intlntiorial misconduct and/or negligent 66ts qf the Cilv and/or its
agents, officers contractors, subcontractors and emptoyees with respect to the Project
and/or the city's exercise of its rights pursuant to this agreement' If such costs'
expenses, claims, aaiiont, suits, tlaUitity, loss, judgments' attorneys'fees and/or
awards of damages are caused by, or result from, the concurrent negligence of the
parties, or their ,;;;".t.r; -agents,.. officers, contractors, subcontractors and
employees, tnis paraglapn tf.uf f"Uu vilid and enforceable only to the extent of the
negligence of the Ci[y and its agents, .officers, contractors, subcontractors and
;ffii;t;;a, rhe forJgoi^g i"a";'tnity is speciiically and expressly intended to
constitute a waiver ol the indemnifying pafty's immunity under washington Industrial
Page 2 of 5Utility Easement
Instrument Numb er: 20220224000861 Document:EAS Rec: $210.50 Page-3 of 8
Record Date:2124/2022 2:53 PM King County, WA
Insurance Act, RCW Title 51, with respectto the indemnifying parlry only' and only to
the extent n"."rr"ry'ii-p.o"iia thi tndemniRed party rylh a fult and complete
lndemntty of ctaims rnJ"'Oi tf,e lndemnitor's 9m.pl6V;g1._^The
parties acknowledge
that these provisions wlre 6pecffically negotiated and agreed by them.
This Easement shall be a covenant running with the land forever and shall be
bindlng on Grantor's successors, heirc, and assigns'
GRANTOR:
MIREF MIII
Nam
GRANTEE:
CIW of Kent, a Washington munlclpal corporation
By
By
Na
Title
Date:
(Notary Acknowtcdgments on Following pages)
Page 3 of 5Utility Easement
Instrument Numberz 20220224000861 Document:EAS Rec: $210.50 Page-4 of 8
Record Datez2l24/2022 2:53 PM King County, WA
ACKNOWLEDGMENT
of officer
certifi cate verifies onlY lhe identity of lhe individual
who signed lhe documenl to which this ceriificate is
attached, and not the truthfulness, acouracy' or
State of California
County of (-'tlr.ttrv:Oc4{-g..- *.- *-*- .)
before
name of lhe
personally appeared k_\
who proved to me on the of salisfaclory evidence to the person(s) whose name(s)
that he/she/theY executed lhe
is/are
subscribed to the wilhin instrument and acknowledged to me sams ln
his/her/thelr authorized capacity(ies),and lhat by his/her/their signature(s) on the lnstrumont the
petson(s), or the entity upon behalf of which the parson(s) acted,executed the inslrument.
I certify under pENALTY OF PERJURY under lhe laws of the state of california that lhe for€going
paragraph ls true and conect.
WITNESS mY hand and oflicial ssal
(Seal)
lotarY
san r
i1l297l
A:ki850ilj0aN
CJri{cr1ll:dri(
,aicitcc
Icilri:3lon
23lctcflpi.e!r"fCorn tr.r{'/
Instrument Numb erz 20220224000861 Document:EAS Rec: $2L0.50 Page-S of 8
Record Datez2/24/2022 2:53 PM King County, WA
STATE OF WASHINGTON
COUNTY OF KING
s5,
)
)
)
I certln/ that I know or have satlsfactory evidence. th.at ' *' " ' ' ' is the
person who appear"O'tiiii'" *u, an6 saiU peisin acknowledged that they siqned this
instrument/ on oath siut*O that they are auttrorized to exeiute the instrument and
acknowtedged it as th;"--- .*:-'of r'rriii Mlll Creef, LLC, a Delaware limlted
liabllity cornpany, to ie-ltr[ffiT-n-O voluntiry act of such party for the uses and
purposes mentioned in the instrument'
Dated:
-Notary Seat 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)
f*fOfnnV PUBLIC, in and for the State
of Washington, residing at -.-, -*'
My appointment exPires
Page 4 of 5Utility Easement
Instrument Numberz 20220224000861 Document:EAS Rec: $210.50 Page-6 of 8
Record Date:2/2412022 2:53 PM King Countyo WA
STATE OF WASHINGTON
COUNTY OF KING
ss,
Icertiffthatlknoworhavesatisfactoryevidencetha.tg.llRalphistheperson
who appeared before #'ffi tJia-n#3" acknowledged that she signed this instrument'
on oath stated that she ilal aulfrorileO to exeiuie tfriinstrument and acknowledged lt as
the Mayor of the City oi 11"ti t" be the free and voluntary act of such party for the uses
anO puiposes mentioned in the instrument'
Dated:
Page 5 of 5
-Notary Sea! Must Appear Wlthin This Box-
IN , I have hereunto set my hand and official seal the day and
year fl
i
Printed Name
NOTARY PUBLIC, ln and for
Or of Washlngton, residlng at
fttr My apPointment exPires
Utility Easement
Instrument Number:20220224000861 Document:EAS Rec: $210.50 Page-7 of 8
Record Dnte:212412022 2:53 PM King County, WA
EXHIBIT 6
TAX LOT 77598001 50
UTILITY EASEMENT
THATPoRTIoNoFTRACTI5,SHINN,SVALIEYHoMEADDITIoNToKENT,AccoRDING
TO THE PLATTHEREOF, RECORDCO Iru-VOIUTTITiI OT PLATS' PAGE 22' RECORDS OF
KING COUNTY, WASI-iNbiON, I.OCATEO Iru iHE SOUTHWEST QUARTER OF THE
souTHEAST OUnnren oe sEciror.r rz, rowr.rsHlP 22 NORTH, MNGE 4 EAST, W'M''
DESCRIBED AS FOLLOWS;
coMMENcINGATTHESoUTHWESTcoRNERoFSAIDTRACTI5,THENCEALoNGTHE
SOUTH LINE THEREO? Sig.JO'S1'E 2O.OO FEET TO A LINE THAT IS 4O'OO FEET
'ARALLEL
wrru, wHirrr naEeiuneo nr nrc,Hi nruor-es, FRoM THE wEsr LINE oF sAlD
sourHEAsr ounnriCoisicloru 12; THENCE ALoNG sArD PARALLEL L|NE
NOO"58'3E"E 74.36 FEEi iO iHC POINT OP EiOINhIINGITHENCE CONTINUING ALONG
SAtD pARALT-EI- ltrue ruobiseige'e gs.qo etEi irirr'rcE s+s'fl'.oJ'E 135'06 FEET To A
LINE Tr-rAT rs 1s,00 rEeipnnniiEl- wtTt't, wner'r r'nensuRgp AT RIGH'r ANGLE$' FRoM
rHE souTH L|NE oF ild ;ilai 15; THENCE ALONG SAID PARALLEL LINE
N88"26'31'w ss,or rt;;'inEl'icE NJe's'l'os'w s4'55 FEET To THE PolNr oF
BEGINNING.
CONTAININGL,T ISQUARE FEET. MORE OR LESS'
{
/9 -t>-aa?
Instrument Number:20220224000861 Document:EAS Rec: $210.50 Page-8 of 8
Record Date:2/24/2022 2:53 PM King County, WA
l,"i 20'
..t""*N00"58',38"E 35.46'
.o*tdPOINT
BEGINN
bt
l-
(,TRACT 15
SHINN'S VALLEY HOME
ADDITION TO KENTa
o
v(ot\
ooN
ooFzL
io
a?
u,o
ioooazt
,Ju "o**r*TRACT 15I
N08"26',31ryV 35.61
t5S LINE
E
40'
I
ry
ffi
I
IMPoRTANTi
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 ASSUMEO BY REASON OF
RELIANCE HEREON.
#08-3019
MIREF
UTILIW EASEMENT
BY:
lx=50'
EXHIBIT
BCITY OF KENT
LAND
LOCATED IN THE SW 1/4 OF THE SE
1t4 oF sEC 12, TOr/VI{SHIP 22 N,
RANGE 4 E. W.M.
Instrument Number:20220224000889 Document:EAS Rec: $210.50 Page-l of 8
Record Date:2/24/2022 3:12 PM
Ete-;tronicaiii necdr-Oed Xitrg County, WA EXCISE TAX NOT REQUIRED BY AL VASSI
AFTER RECORDING MAIL TO
City Clerk
City of Kent
220 4th Avenue South
Kent, WA 98032
Grantee: ety of KenJ-
Grantor:
Abbreviated Legal DescriPtion
Additional Legal DescriPtion on:
. Ptn.15 1 sht s Val H Vol 7
Assessor's Tax Parcel ID No. 775980-0150 sTR:- LZ'22-4
ProJect: UilL-elsek-alZ6-llAve.fleod-Prutectio.n InB'/03:30-19/PW?'Q'17-'004' * *-
TemporarY Construction Easement
EA5EI{ENr sranterl ,lr,* -l&}u v ,rF*@!2??l!t}Y-ttttREF Mill creek' LLC' a
Delaware timited liabllity company 1"GrantofrffiiTt OF iiENT, a Washlngton municipal
corporation ("Grantee" or "City")'
Grantor,forandinconsiderationofTenDollarsandNo/I00($10.00)and/o.roth,er
vatuabte consideratio",';;;;ipi;i*nt.n it hereby acknowledqed, grants to Grantee'.its
successors and/or "r;in* ;;-tieu"oi-conaemna[ion, a temporarv ea$ement' lrrcluding
reasonable rights of ingress and egress, through and across a portion of. tax..parcel
775980-0150, atso k;;"r;;-;r-titti zern Ave. 8., Kenr' wA, speclficallv descrlbed in
Exhibit A and graphlcally depicted in Exhibii st qittb "Eas'ernent.Area")' to be used-only
during construction oi i.p.iu".ents in .onlinition with the Mltl C'reek at 76th Flood
Proteltion Improvements Project ("Project")'
Thetemporaryconstructioneasementandrightofentryshallcornmenceonthe
date of first entry ont;[h; fropertv by Grantee, its-agents or contractors' for purposes
of commen.ing consffuction of tl,e Froject (tire "Cirnmencemetlt Date")' and shall
continue during consil;;iio; orlfre Projec-t for a period of six (6) monlhs thereafter (such
rii iift""th -period being referred to herein as the "Term")'
The city shall have the right, without prior institution of any sult or proceeding
at law, at such times as may be-reasonably necessary- during the Term, to enter upon
the Easement Area for tf'tu iu.pose of construction of improvements pursuant to the
project by licensed .onii*ioit in a workmanlike ffanner at the City's sole co$r' and
expense, provided tnii tn" ionttruction ol'these Improvements-shall be accomplished
ln such a manner tnii u1e existing improvernents on the Property. shall^not,be
disturbed or destroyeO,-oi litney arJdisturbecl or destroyed, they will be replaced in
as good a condition;;H;t*uii '.*"diately before the Propeftv was entered upon
22
TemporarY Construction Easement Page 1 of 5
Instrument Numb erz 2022A224000889 Document:EAS Rec: $210.50 Page-2 of 8
Record Date:2/24/2022 3:12 PM King County' WA
bytheCity.Inaddition,theCityshallusecommerciaIlyreasonableeffortstoavoid
interfering with GrantorL normal course ol business on Grantor's adjacent propefty
a$theCityexercisesitsrightshereunder,prouia"u,however,innoeventshallthe
City materially arrd ,nruuionuUly impedi I'ioUttrl.t pedestrian and/or vehicular
inEt"ut 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 accordaniu *itn the requirements of all applicable
statutes, orders. ,.uturlnO re6ulations of any public authority having jurisdiction'
Grantoragreesnottointerferewiththecity'srights.underthiseasement,
lnterference inctuaes, bui is not limited to,
'.ieaiing any obsiructions that would impede
I'n" tlly;i inoi"it uno'egress or access to the Easement Area'
To the extent permltted by law, lhe City shall protect, defend, indemnlfy and save
harmless Granto*no-irinrort'ug*n6, oriiilo, co'ntractors, subcontractors, supplters
aod ernployees, frorn *V rnO aU iosts, *,-p**i*t, claims, aitions, suits, liabillty' loss'
JudEments, attor.eys' iden tnalot awards'of damages srising out of or ln any way
resulting from the ini*nironut misconduct "nalor
neiligent acts of the city and'/or its
agents, officers contriitois, $ubcontractorr uilo empioyees with respect ts the Project
andlor the city,s ****isu"oi lts rlghls pilrsuant tb ttris agreement, If such costs'
expense$, claims, ua*i"na urilr,-rruuliity, toss, iuugments, attorneys'fee$ and/or awards
of damages "r* ."uu*-J'OV. oi-i*tuft ficim, itrd cdncurrent negligence of the parties' or
their respe.tiu" ug"]1lrl "oiri."ir, contra.iors.-
-subcontractors and enrployees' this
paragraph shalt be uuiiJl,na *niorteable otiiv to the extent of the negligence of the Clty
ancl lts agents, officers, contractors, suuconiiactors and employees. T5e foregolng
indernnity is sp*ciricaliyinO-.ipr*t*ly'intenl;Jto constitute a waiver of the indemnifying
party,s immunity unrl*';' Warftington industri"if niuiunce Act, RCW Title 51, with respect
to the indemnifylng party only, and only-'to trre e-xtent nece$sary to provide the
tndemntfled party with'Jrurr una'iomplut* iiraemnrtv o.r5]1lm1i:r," by the indemnitor's
employees. ffre pariies alknowledge that these provisions were specifically n€gotiated
and agreed bY them.
.fherightsgranteclbyGrantortothe.Cityunderthisagre.ementarefortheflmited
purpose of allowlng trtJ ciii' [u*po'"'y entry in to the Froperty for construction of the
proJect, Norhirrg nereii uniif Ln .ln.trieO is a permanent conveyance of a real property
interest lrom Grantor to the CitY'
(Signatures on Following Page)
TemporarY Construction Easement Page 2 of 5
Instrument Number:20220224000889 Document:EAS Rec: $210.50 Page-3 of 8
Record Datez2/24/2022 3:12 PM King County' WA
GRANTOR:
miniimltCreek, LLC, a Delaware llmlted
liabllity company
By:
Name
Title:
Date
GRANTEE:
City ot Kent, a Washington munlclpal
corporation
By:
Name
TITIE:
Date:
(Notary AcknowledgmenF on Followlng Pages)
Tempora ry Constructlon Easement Page 3 of 5
Instrument Numb er: 20220224000889 Document:EAS Rec: $210.50 Page-4 of I
Record Date:2124/2022 3:12 PM King County, WA
ACKNOWLEDGMENT
A notary public or other completing
certificate verifies onlY the identity of the individual
who signad the document to which this cedificate is
attached, and not the truthfulness, accuracy' or
of that
Slate of
County of
before me,ir
(insert name and title
I certifu under pENALT OF PERJURY under the laws of the state of callfornla that the foregoing
paragraph is true and conect'
@
J0Ali a!xlh50N
WITNESS my hand and oflicialseal'Notlrt PL!'lc
Srn ttlncila
C, llotiit
(oftmiEtlon
o Ci"1tlt 21;2s?l
(onrn, IrPirer A.l 10,l0l i
(8eal)
Instrument Number:20220224000889 Document:EAS Rec: $210.50 Page-S of 8
Record Date:2/2412022 3:12 PM King County' WA
STATE OF WASHINGTON
COUNTY OF KING
ss
)
)
)
I certlfy that I know or lrave satisfactory evidence .that -" .
--
ls the
person who appeareo'u*iil" t*, and said p"o'on acknowledged that helshe signed this
instrument, on oath uni-ttui"O inui hu/rhu wii iutnorized to Lxeclte the ln$trument and
acknowledge it as the ---*- *'--**' ' of MIREF Mill Creek' LLC' a
Detaware timited liabiriiy ;*p"-i', t"-G the"iree "M voluntary act of such party for the
uses and purposes mentioned ln the instrument'
Dated:
'Notary Seat Must Appear Within Thls 9ox'
INWITNESSWHEREoF,Ihavehereunlosetmyhandandofflclalsealthedayand
year flrst above wrltten.
(Prlnted
NOTARY
Name I
PUBLIC,ln and for the State
of washlngton, reslding at **-*-*
My apPointment exPlres
TemporarY Construction Easement Page 4 of 5
Instrument Number 20220224000389 Document:EAS Rec: $210.50 Page-6 of 8
Record Date:2124/2022 3:12 PM King County, WA
STATE OF WASHINGTON
COUNTY OF KING
)
)
)
ss.
Icertlfythatlknoworhavesatisfactoryevldence.tha'tgalaRalphistheperson
who appeared before me, ana said person aclnowtedged that $he slqned this instrument'
on oath stated that sh;;v;; auinorizea to eiecute t6e lnstrument and acknowledged it'
as the Mayor or tne ditv'li i.it t" t" tnu it"" anJ voluntary act of such party for the
uses and purposes mentioned in the instrument'
l,LDated:
-Notary Seat Must ApPear Wlthln Thls Box'
IN
year first
, I have hereunto set my hand and official seal the day and
0
Printed Name:
NOTARY PUBLIC, in and for
of Washington, residing at
Ittt\My apPointment exPires
$o
r3013?
'{rggro
TemPorary Construction Easement Page 5 of 5
Instrument Numberz 20220224000889 Document:EAS Rec: $210.50 Page-7 of 8
Record Date:2124/2022 3:12 PM King Countyo WA
EXHIBIT A
TAX LOT 7759800150
reur Fonnnv coNsrRucrloN EASEM ENT
THATPoRTIoNoFTRACTSIsAND16,SI.IINN.SVALLEYHoME-ADDITIoNToKENT'
ACcoRDtNG ro rHE piliftreieoe, necoibLo tru vouuntqT-gF PLATS, PAGE22,
REco R Ds o F K I N G co uNrY, wA$Hl Nqlo-ry, L-o-Cnieo 1N Ilq ? gurHWE sr o UARTER
OF THE SOUTHEAST;UiRiIR OF $TCTIOil ii,iOWNSTIIP 22 NORTH' RANGE 4 EAST'
WM,, DESCRIBED AS FOLLOWS:
coMMENcING AT THE SoUTHWEST coRNER oF sAlD TRACT 15, THENCE ALoNG THE
SoUTH LtNE THEREoF Seg'zO'gl'E 131.00 riei rO A POINT oNlc LINE THAT lS 131'00
FEET PARALLEL WtrH, WHEN MEASURED,ni nrair ANGLES, .FEgM THE WEST LINE
OF SAID TRACTS 15 AND 16, SAID POITTSCiTO THE POIltt OF BEGINNING; THENCE
ALONG SAID pARALLEL LtNE, N00.5E'38"E raZ.ig peer;THENC_EN89"A122'W 101'00
FEETTO A LINE TTNiISIOOb.TECT PARALLEL WTH' WHEN MEASURED AT RIGHT
ANGLES, FROM rne wEsir_rNt OF SRro rnncr$ 15 AND 16; THHNCE ALONG SAID
eARALLEL LINE, N00"5;ii"eilt'ot Feer:rHenrdeses'ot'zz"EPi'00 FEETToA LINE
rHAT lS 115.00 reer FinnliEl wrrH, wHer'r |\rrnsunEo nt RlglT ANGLE$, FROM
rHE \ lesr LINE oF sniri inncis 1sAND ro;inirucr {Lp-NlG-s1lD PARALLEL LINE'
N00"Fe'38"E 114.00 reiT io rnr tlon*r urlh oFsAio rnnCr 16i THENCE AtoNG $AlD
NoRTH LINE, NBE'20'i'rniss.oo iiEf fo rriE insi MARGIN oF 76rH AvE sirHENcE
ALONG SAtD EAST MARGIN, S00"58',38"W_4ri:a eler;THENCE-LEAVING SAIO EAST
MARGIN, s4s"s1'os'E i;6.;t Feif to rxe sou*r llruE or sAlD TRAcT 15; THENCE
ALoNG $AtD SoUTH rir.lE 5a'e;aoit';Eo;z FEET To THE PoINT oF BEGINNING'
CONTAINING 27,807 SQUARE FEET, MORE OR LESS'
, " ,.,.-"*::'>
-?3-202G
Page 1 of I
Instrument Number 20220224000889 Document:EAS Rec: $210.50 Page-8 of 8
Record Date:2124/2022 3:12 PM King Countyo WA
40'
N LINE TRACT 16
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TRACTS 15 & 18
SHINN'S VALLEY HOME
ADDITION TO KENT
1 3l'
POINT OF
I
CORNER
BEGINNING
sw TRACT t5
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ry
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IMPORTANT:
THIS IS NOT A SURVEY, IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INOICATEO
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
I.IABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
TEMPORARY CONSTRUCTION
DRAWTI
CITY OF KENT
LOCATED IN THE SW 1/4 OF THE SE
1/4 0F sEC 12, TOwNSI'llP 22 N'
RANGE 4 E, W.M.
EXH!BIT
B
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