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HomeMy WebLinkAboutCAG2022-306 - Original - Jabow, Inc. - Prose Kent Station Permit No. 2220510 Sight Distance Easement - 07/20/2022Agreement Routing Form For Approvals, Signatures and Records Management Ap p r o v a l Originator: Department: Date Sent: Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Budget Account Number: Grant? Type: Yes No Ag r e e m e n t I n f o r m a t i o n Vendor Name: Category: Vendor Number: Sub-Category Project Name: Project Details: Agreement Amount: Basis for Selection of Contractor: Start Date:Termination Date: Notice required prior to disclosure? Yes No Re v i e w / S i g n a t u r e s / R o u t i n g Date Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office: Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Contract Number: adccW22373_6_19 7/20/22 CAG2022-306 7/21/2022 7/21/2022 7/20/2022 Instrument Number: 20221004000857 Document:EAS Rec: $208.50 Page-1 of 6 Record Date:10/4/2022 3:31 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY LEAH AFTER RECORDING II G MAIL TO: kty of Kent: This document supersedes and replaces Sight Distance 0 Fourth Avenue South Easement recorded under King County Recording Kent, Washington 98032 2 Number 20220812000925 Attn: City Clerk Said easement is being re -recorded to correct a missing signature Grantor:_ .. b o r qLa LLio.n Grantee:___ Ciµf ,pt a.._nn.�aai..� ty- Abbreviated L. r i t i ra :,_..li n ,. a E 1/4M E 1/4 Additional Legal Description on: Exhibit "A" Project : Parse Kent. Station__._.. Permit No. 2220510 SIGHT DISTANCE EASEMENT Grantor, for and in consideration of Teti Dollars ( I0,00) and other valuable consideration, receipt which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation ("Grantee"), and its successors and assigns, a Sight Distance Easement ("Easement") to create and preserve adequate and appropriate sight distances at the intersection of Central Avenue and Slovak Lane ("public Right -of -Way") for the protection of pedestrsans, motorized vehickes, and non -motorized vehicles, over, under, through., across and upon the property situated in King bounty, Washington, specifically described in Exhibit A and graphically depicted on Exhibit C, both of which are attached and incorporated herein (the "Easement Area"), SIGHT' DIS'T'ANCE EASEMENT' Page I OF 4 Instrument Number: 20221004000857 Document:EAS Rec: $208.50 Page-2 of 6 Record Date: 10/4/2022 3:31 PM King County, WA This Easement grants to Grantee the right, after first giving written notice to Grantor, without prior institution Of SLJt or proceeding at law, at times as may be necessary, to enter the Easement Area and the immediately adjacent incidental areas with the necessary equipment for the purposes of constructing, maintaining, altering, and repairing sight distances without incurring any legal obligation or liability, In exercising its right to construct, maintain, alter, repair and preserve sight distances, Grantee may remove obstructions within the Easement Area, including, without limitation, rockeries, retaining walls, fences, structures, landscaping materials, earthen berms, and other items that Grantee determines to be a safety impairment to the general public upon or entering the Public Right -of -Way, Grantor shall retain the right to use the surface of the Easement Area, including the immediately adjacent areas, so long as that use does not interfere with the uses described in this Easement, However, Grantor shall not place obstructions within the Easement Area (by way of example and without limitation, rockeries, retaining walls, fences, structures, landscaping materials, and earthen berms) that exceed a height of 30 inches or that Grantee determines constitutes a safety impairment to the general public upon or entering the Public Right -of -Way, If Grantor does interfere with Grantee's rights, Grantor shail remove the obstruction upon Grantee's demand, Should Grantor fail to remove the obstruction within 30 calendar days from the date of Grantee's written notice to remove the obstruction, Grantee may exercise its right to remove the obstruction and assess Grantor for Grantee's costs in removing the obstruction, Grantor shall be responsible to fully r6mburse Grantee for those costs within 90 calendar days from the date of' Grantee's written notice demanding payment of the costs. Notwithstanding the removal of obstructions that interfere with Grantee's rights under this Easement, Grantee wiii use reasonable efforts to exercise its rights within the Easement Area, including inirnediateiy adjacent areas, so as riot to disturb or destroy Grantor's private improvements, or in the event they are disturbed or destroyed, they will be replaced in as good condition as they were irnmediately before the property was entered upon by Grantee, Grantee shaU at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the Easement Area in its present physical condition, AS IS, Grantee does hereby release, indernWy and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys'fees incurred by Grantor in connection therewith, arising directly or indirectiy on account of or out of the exercise by Grantee, its agents, employees and contractors of the rights granted in this Easement, SIGHT Dis,rANCE EASEMENT Page 2 OF 4 Instrument Number: 20221004000857 Document:EAS Rec: $208.50 Page-3 of 6 Record Date: 10/4/2022 3:31 PM King County, WA This Easernent shall be a covenant runnng with the land, and shall bind Grantor's successors, heirs, and assigns, and aH future owners of the real property affected by this Easement, MUMMMUM Name: Stuart Scarff.-,— Tid President Date�-- "72 (Notary acknowled�cyment on following p S10i'r DISTANCE EASEMENT Page 3 OF 4 Instrument Number: 20221004000857 Document:EAS Rec: $208.50 Page-4 of 6 Record Date:10/4/2022 3:31 PM King County, WA STATE OF WASHINGTON s. COUNTY OF KING � I certify that I know or have satisfactory evidence that Stuart Scarff is the person who appeared before me, and said per -son acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the President of Jabow, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. M -Notary Seal Must Appear Within This Box- EREOF, I have hereunto set my hand nd"° fficiel seal the written. A I 1 ca can.. td're} ,110 � &'' PUBLIC, in and forth State � of shington, residing at �"tr y appointment expires CITY OF KENT By:,_Q�anna Title: Date: 07/20/2022 SIGHT DISTANCE EASEMENT � Page 4 CAE 4 Instrument Number: 20221004000857 Document:EAS Rec: $208.50 Page-5 of 6 Record Date: 10/4/2022 3:31 PM King County, WA EAl-11BITA SIGHT LINE EASEMENT THA'" 1'ORT101'J OF 'T'I"IF NORTHEAST 1 /4 S-'•CT] - ON 13, TOWNSHIP 22 N01,TFJ, F-JANVE, 4 EAST, WILLA.MZTTE MERiDlAl, IN -cllE CITY ()h;' DENT, J<JivC; (-.',()TJN'j'y, WAShi MORE' hlAP'fl(`tJl./"`!�kY t)F.')(`Plll-Ll,.E'.') A,'.',' Tl�'Olj, M S - ("(:?MFIENCING AT 'IFIE EAI.-3171 1/4 COr-'�NER OF SAILD '-llE C'T I I)N 1.3, BEING A, 1/4 1N(Cji DIAMF,.,',TER F.,RASS 1"IN, 1.6 FEEC DOWN :[N A CONCRETE F10NUMEN' IN CASE, ALSO KNOWN AS CITY OF FIENT #7159; THENCE 1)1007'46" EAS'.T�' ALONG fTlE EAST LINE OF SAII,-,', SE(71()N, A DIS'llANCE OF' 52,20 FEET 1'0 ]".'IiE '3'OUTl-i 1,-..,NE LllrviE NOVAK PROI?ERTY AS Di"SCRIE,ED IN 'HE DEJ D DATED JUNl'-' 7, 1.946, RECORDED UNDER FEClc-)l-D.LN(,' NUMBER 35'78921, RECORDS OF KING COUNTY, WASHINGTON; THENCE DEPAI-1,TIN"T SAID EAST LIND NOR'.I'll 8"70292 WEST ALONG SAID SOUT14 LINE, A. DISTANTC.' OF 100.-)S 7'0 A POTNI7 ON TFJE WEST MARGIN OF 84TF1 AVENUE S'(.)U'TH, SAIITIC)IN'll RETNG THE TRUE POINT OF BEGINNING; DlEPAR T'ING SAID SOILITH LdNE, SAlDlAAR(l'3]:N A DI.;11FANC'F� OF 9.69 FEET' TO T11F 01F A PANT<EN"r CC)N(-AVE NORTHWEST WI,7'11 A RAT: TUS OF 24.00 ITI.�.�177; THENCE SOUTHWESTERLY ALON(.1 SAID CURVE THROIUGli A CENTRAL ANGLE OF ,-)2`39'0,,',`, AN LENGTH OF,' 22.05 FFE-,T; THENCE DEPA.-:TING SAID (-URV'E, NOR"'I'l-i .1.8017'40" EAST, A DISTAlq(.,,'E 236�95' FEET TO SAID VJES"' MAIP�Gllq OF' 84" AVEM,JF, SOUTH; TfiENCE SOUTHERLY AL,( -,)NC.,' SAID MARGIN, A DISTANC'E OF 209.69 IITEET TO TPUE POINT OF' BEGINNING. SITUATE TN' THT CTTY OF" KENT, KING ,f'OUNTY, W7-,SHINC.3TON, THE ABOVE DEC'F�11-31LD EASEMENT AREA CONITAIN,", 2,270 �SQuOTOE OR 0.0521 ACF-1,E, MORE OR LFI'S4:1. 6911 LOO L AT,','VITA NCF-KF`,NTT '3TAT10N TJJCA,S W. 1FATF, F',T-S. ,5691-1. BRH COB NO. 202Oi49.06 JUNI`.� 23, 2022 RUSI-1, ROED & H1TC'HTN(.-3S, INC. 2009 MINOR AV) NUF", � E, A, S T SEAT'FIE, WA 98102 (20F3) 323-4144 Instrument Number: 20221004000857 Document:EAS Rec: $208.50 Page-6 of 6 Record Date: 10/4/2022 3:31 PM King County, WA MINAH"'fl, A, W IN THE SE 1/4 C)F THF7 NF 1/4 OF SECTION 13, TOWNSHIP 2� 5"F z,vM,q 5, 00 PARCEL No.; 132204-9056 4C) 0, 1135 CENTRAL AVN E OWNERS: JABOW INC PARCEL NO.: 132204-91,42 1115 CENTRAL AVE N KENT 99032 OWNER: JABOW MC PROPOSEE D SEMCPJT (2,270 S.F.) HAWN LJINL (Hi PARCEL No 1322049105 425 E NOVAK L I Cr� NO Ad� 0 20 40 ( IN FUT ) I inch = 40 ft. LEGEND F 0(.j , �q!D SIJRVEY MONMEN7 (AS P10TED) F T OF' C, 'E V, E NT l 0, C � TO I N OMMENC - T.P,0.13. TPH POINI OF BEGINNING FFFFFR`NCFS� (Fri). RL,:ORD 01: SURVEY REC, NO.: 84021690015 (R2): KING C,0UN'1Y t -1 L ID j U I 'j Wl A F I J 4­ (C41 ( RFC,, RECORD OF' SJRVFY F 40, 0, N,).. 8612299061 N 87'29`27"W i0o."o, (Fm LINE 01: NOVAK PROPER'TY (RECOGNIZED UY CITY OF KEN7 TRO.B. AS TRUE B&MOARY) RF C, NO , 5578921 (RI) (R2) R=24.00 r .can *Al Tp A=_E,2-39'00"/ -j L=22,05' Kln%) v A� ­7 P.O.C. (DEDICATED PM �C' 0 W )L-J,1_)FD _"IC)N 8 E', "15, 0 5 w A 411Y OF KLNl FCJ�JND 1/4" RRAS'-, PIN REC� NO,: IN"'NC. MONLMEN T 84112000 1 3 DOWN 1,6 IN C'AS'E p "rn 0 CITY OF KFNT /,C159 _SF' C,0RNFl*R OF NF- 1,5 - 22 ­04 SIGHT LINE EASEMENT 1115 CENTRAL. AVE N ALLIANCE RESIDE N'"HAL. COMPANY KENT WASHINGTON BUSH, ROED & HITCHING- S, INC. LAND SURVEYORS & CIVIL ENGINEERS wwmwmmm 2009 MINOR AVE, EAST" (206) 323-4144 E3RH SEATTI_E, WASHING70N DATE: 06/123/2022 98102--3513 JOB NO_ 2020149.06