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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 oLoc 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@+ ETc fl =oE l,loL3,P IE El'l ra !o oE 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 I 15' J o o t.Jc0F $l o Foulo+ 3a 30'. I I l_ lzloll-lcl rLUlo 27,807 SQUARE FEET a\ oo$l tfIt- ar$td "t"-*n* TRACTS 15 & 16 SHINN'S VALLEY HOME ADDITION TO KENT 131'. I POINTOF I ER 5 I I BEGINNING sw coRN TRACT { s 15 4A' N #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. 1-lz-Qtl1 20'20 (\I oocl \io <t,l\zIL 116'q6q416" nos"d TRACT 15 SHINN'S VALLEY HOME ADDITION TO KENTa o .c{:,toF aDfl\t uJ ao s"aopoCf I SW CORNER TRACT 15 N88"26'31',W 74.67,s 15 -l POINT BEGINNI N I I 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 o & tlr,(l,F C\ oo$l tootF.zl! (o c!\tls uj 6 !4€lr) (foz ,n[.o**r* TRACT 15_l N88"26'31"W 35.6 TRACT 15 l5',E 40' { 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, 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 t- I 1'', CN o EtJ COt\ N zo 6 tIJo N zotr IJan 27,8O7 SAUARE FEET c =o u,a AI oosi tfItszI *--"On* 30'.J nr*td TRACTS 15 & 18 SHINN'S VALLEY HOME ADDITION TO KENT 1 3l' POINT OF I CORNER BEGINNING sw TRACT t5 I ry rRAcr tT r[0' ffi I 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