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HomeMy WebLinkAboutCAG2022-291 - Original - Jabow, Inc. - Prose Kent Station - 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 CAG2022-291 rcvd & signed by attny on 07/12/2022 07/13/2022 07/14/2022 7/14/2022 Pulled official copy from King County Online Records Search. 10/14/2022 MM 7/20/2022 $10.00 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 Ltio.n Abbreviated Legal Description:..P n,. E 1/4 NE 1/4 _J,3,,_Tyvp._. 2N, R 04E Additional Legal Description on: Exhibit "A" Assessor's Tax Parcel ID No.: Ptn. 132 04-90 Project : Parse Kent. Station__._.. Permit No. 2220510 SIGHT DISTANCE EASEMENT THIS INSTRUMENT is made this � _ day of _." 2022, b Inc,, a Washington corporation (`"G�vran or""� and the rat, a Washington municipal corporation ("grantee"), Grantor, for and in consideration of Tote 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 vehicles, 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 T 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 suit 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 irnrriediately 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 shall remove the obstruction upon Grantee's demand, Should Grantor faii 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 tea fully reimburse 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 will use reasonable efforts to exercise its rights within the Easement Area, including inimediateiy 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 irrirnediately 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 harrnless Grantor from and against any and all liabfflty, 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 shali be a covenant running 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.-,— TitlPresident Date�-- (Notary acknowled�cymerat on following p) 00 SIGHT 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 ) ss. COUNTY OF KING I certify that I now 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. '2 Dated: -Notary Seal Must Appear Within This Box - IN �%,HEREOF, I have hereunto set my handd"qffidal seal the In day ang 6 written, TA# 'op 1611$74 (5S'can" tu're) T '10 N fRY PUBLIC, in and for the State 3s A� 0 Of ashington, residing at � C) \# My appointment expires P WWk ,z-- WHINDMIM[mi By:,_Q�anna Tifle: Date: 07/20/2022 SIGHT DISTANCE EASEMENT Page 4 OF 4 Instrument Number: 20221004000857 Document:EAS Rec: $208.50 Page-5 of 6 Record Date: 10/4/2022 3:31 PM King County, WA SIGHT LINE EASEMENT THA'" PO11T101'J OF 'T'I"IF NORTHEAST ] /4 ` -'•C 1 'i - 3 ON 1 , TOWNSH1, IP 22 N0TF-J� FJ, NVE, 4 EAST, WILLA.MZTTE MERiDlAN, IN -cllE CITY ()h;' KENI, Ej7vC; (-.',()TJN'j'y, W,AShi LNG'TON, IMORJ',' hlAP'fl(`tJl./"`!�kY A' Tl�'O, , - I T 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 Y10NUMEN' IN CASE, ALSO KNOWN AS CITY OF FIENT #7159; THENCE 1)100'7'4()" EAS'.T�' ALONG fTlE EAST LINE OF SAII,-,', SE(7. 1()N, A DIS'llANCE OF' 52,20 FEET 1'0 ]".'IiE '3'OUTl-i 1,-..,NE LllrviE NOVAK PROl-,lERTY AS Di"SCRIE,ED IN F'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"?0292 WEST ALONG SAID SOUT14 LINE, A. DISTANTC.E' OF 100.J-)S 7'0 A POTNI7 ON TFJE WEST MARGIN OF 84TF1 AVENUE S'(.)U'TH, SAIITIC)IN'll RETNG THE TRUE POINT OF BEGINNING; 'liENC',E D1,1PART'ING SAID SOILITH LdNE, Yl,LONC.-; SAlDlAAR(l'3]:N A DI.;11FANCF� OF 9.69 FEE'l' TO T11F (CF A PANT<FN`lr 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"'Il-i .1.8017'40" EAST, A DISTAlq(.,,'E 236�95' FEET TO SAID VJES"' MAIP�Gllq OF' 84" AVl--,MJL-, SOUTH; I TfiENCE SOUTHERLY AL,(-,)NG SAID MARGIN, A DISTANC'E OF 209.69 I.TEET TO TPUE POINT OF' BEGINNING. SITUATE TN' THT CTTY OF" KENT, KING ,f°"C)CINTY, W7-,SHINC.3TON, THE ABOVE DEC'F�IBED EASEMENT AREA CONITAIN,"� 2,270 SQuOTOE OR 0.0521 ACF-1,E, MORE OR LFI'S4:1. 569 LOO L AT,','�l'ANCF-KFNTT '3TAT'l0N JJJCA,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)FTHF7 NF 1/4 OF SECTION 13, TOWNSHIP 2� 5"F z,vM ,q 5, 00 PARCEL No. 132204-9056 1135 CENTRAL AVE N 4 C) 0, OWNERE: JABOW INC S8 7',2 97 9 F PARCEL NO..- 132204-91,42 1115 CENTRAL AVE N KENT 99032 OWNER: JABOW MC Cr� NO 0 20 40 ( IN FUT ) I inch = 40 ft. LEGEND F 0(.j , �q!D SIJRVEY MONMEN7 (AS P10TED) Fl 0,(_ TO I N I OMMENC V_ T' OF Cl 'E , E NT T. F1,0. 3. TPIjE POHN I OF 13EGINNING FFFFFR3`NCFS� (R!): RL,:ORD 01: SURVEY REC, NO.� 84021690015 (R2): KING C,0UN'1Y PROPOSED ASSESSOR S MAP NE 3 - 22---(-)4 EASEMENT 40 (H,5)� RECORD OF' SARVF"Y RFC., (2,270 S,F,) 10.. 861229906l HAWN L q'[-, 'Rl) NB�-29`27"W S. UNE 01: NOVAK PROPER"TY loo—"o, (F�l� (RECOGNIZED �3Y CITY OF <E_N`F PARCEL NO " T'P'b. AS TRUE B&MOARY) 1322049105PFC, NO , 5578921 425 E NOVAK LN L 9,6 9' (RI) (R2) A R=24.00 1A _,E, 2 -3 TO 0 ­ L=22,05' N\rA 522 NOVAK (DEDICATED PM 6C R 0 W.� IV[, N 8 ;'D'oj " W C11Y OF KNl F(lJND 1 /4" RRAS'-, PIN RE NO,: IN ("'ON"'. MONLMEI'�,�T, 84112000 1 3 DOWN 1,6' 'S, lei`, OF KFNT /,C159 Ai _SF C,0RNFl*R OF NF- 1,5-22--04 SIGHT LINE EASEMENT BUSH, ROED & HITCHING- S, INC. 1115 CENTRAL. AVE N tm �2! LAND SURVEYORS & CIVIL ENGINEERS ALLIANCE RE SIDE: COMPANY wwmwmmm 2009 MINOR AVE, E/\ST (206) 323-4144 KENT WASHINGTON 13RH SEATTIL,E, WASHING70N DATE: 06/123/2022 98102--3513 JOB NO_ 2020149.06 AFTER RECORDING MAIL TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: City Clerk Grantor: Jabow, Inc., a Washington corporation Grantee: City of Kent, a Kent municipal corporation Abbreviated Legal Description: Ptn. SE 1/4 NE 1/4 Sec. 13, Twp. 22N, Rg 04E Additional Legal Description on: Exhibit "A" Assessor's Tax Parcel ID No.: Ptn. 132204-9056, 9142, 9105 STR: 13-22-4 Project Name: Prose Kent Station Permit No. 2220510 SIGHT DISTANCE EASEMENT THIS INSTRUMENT is made this ;0,6�� day of � 1,Y 2022, by Jabow, Inc., a Washington corporation ("Grantor") and the dty of Kent, a Washington municipal corporation ("Grantee"). Grantor, for and in consideration of Ten Dollars ($10.00) 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 Novak Lane ("Public Right -of -Way") for the protection of pedestrians, motorized vehicles, and non -motorized vehicles, over, under, through, across and upon the property situated in King County, Washington, specifically described in Exhibit A and graphically depicted on Exhibit B, both of which are attached and incorporated herein (the "Easement Area"). SIGHT DISTANCE EASEMENT Page 1 OF 4 This Easement grants to Grantee the right, after first giving written notice to Grantor, without prior institution of suit 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 shall 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 reimburse 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 will use reasonable efforts to exercise its rights within the Easement Area, including immediately adjacent areas, so as not 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 immediately before the property was entered upon by Grantee. Grantee shall 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, indemnify 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 indirectly on account of or out of the exercise by Grantee, its agents, employees and contractors of the rights granted in this Easement. SIGHT DISTANCE EASEMENT Page 2 OF 4 This Easement shall be a covenant running with the land, and shall bind Grantor's successors, heirs, and assigns, and all future owners of the real property affected by this Easement. GRANTOR: JABOW, INC. Name: Stuart Scarff Title: President Date:_ L�,,� 2-0 (Notary acknowledgment on following page) f SIGHT DISTANCE EASEMENT Page 3 OF 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stuart Scarff is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the President of 7abow, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 2 C?i >-a2-2—. day a OTA# Vk, !� %v 161874 i N� yjti'pg.1 AZ / F ��N•••••N V N ,fill, O` R WASH` ACCEPTED: CITY OF KENT By: Dana Ralph Title: Mayor Date: -Notary Seal Must Appear Within This Box - EREOF, I have hereunto set my hand nd" fficial seal the .written. A s (S/gn ture) N T RY PUBLIC, in and for t�e State of ashington, residing at e_" tia- My appointment expires i o ~ `) - 2-1 SIGHT DISTANCE EASEMENT Page 4 OF 4 EXHIBIT A SIGHT LINE EASEMENT THAT PORTION OF THE NORTHEAST 1/4 SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF KENT, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 13, BEING A 1/4 INCH DIAMETER BRASS PIN, 1.6 FEET DOWN IN A CONCRETE MONUMENT IN CASE, ALSO KNOWN AS CITY OF KENT #7159; THENCE NORTH 01007'46" EAST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 52.20 FEET TO THE SOUTH LINE OF THE NOVAK PROPERTY AS DESCRIBED IN THE DEED DATED JUNE 7, 1946, RECORDED UNDER RECORDING NUMBER 3578921, RECORDS OF KING COUNTY, WASHINGTON; THENCE DEPARTING SAID EAST LINE NORTH 87029'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 100.95 FEET TO A POINT ON THE WEST MARGIN OF 84TH AVENUE SOUTH, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE, SOUTHWESTERLY ALONG SAID MARGIN A DISTANCE OF 9.69 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWEST WITH A RADIUS OF 24.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52°39'00", AN ARC LENGTH OF 22.05 FEET; THENCE DEPARTING SAID CURVE, NORTH 18017'40" EAST, A DISTANCE OF 236.95 FEET TO SAID WEST MARGIN OF 84'1" AVENUE SOUTH; THENCE SOUTHERLY ALONG SAID MARGIN, A DISTANCE OF 209.69 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON. THE ABOVE DESCRIBED EASEMENT AREA CONTAINS 2,270 SQUARE FEET, OR 0.0521 ACRE, MORE OR LESS. [on ALLIANCE RESIDENTIAL ALLIANCE-KENT STATION LUCAS W. RATE, P.L.S. 56911 BRH JOB NO. 2020149.06 JUNE 23, 2022 BUSH, ROED & HITCHINGS, 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 INC. EXHIBIT B IN THE SE 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. -------581 23'351 R=915.00'i� I i PARCEL NO.: 132204-9056 1135 CENTRAL AVE N 40, 0 OWNERE: JABOW INC S87°29'27"E— — — — PARCEL NO.: 132204-9142 1115 CENTRAL AVE N KENT 98032 OWNER: JABOW INC PROPOSED - EASEMENT (2,270 S.F.) HAWN S. LINE (R1) PARCEL NO.: 1322049105 425 E NOVAK LN A N87'29'27"W 100.30' (R1) �TP.03. 100.95' (R1) —L=9.69' LR=24.00 A=52`39'00"/ L=22.05' / NOVAK LN. (DEDICATED PUBLIC R.O.W.) (DEEDED TO N88`45'03"W CITY OF KENT FOUND 1/4" BRASS PIN REC. NO.: IN CONC. MONUMENT, 8411200013 / DOWN 1.6' IN CASE _ CITY OF KENT #7159 ( IN FEET ) 1 inch = 40 ft. LEGEND OFOUND SURVEY MONUMENT (AS NOTED) P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING REFERENCES: (R1): RECORD OF SURVEY REC. NO.: 8402169006 (R2): KING COUNTY ASSESSOR'S MAP NE 3-22-04 (R3): RECORD OF SURVEY REC. NO.: 8612299061 S. LINE OF NOVAK PROPERTY (RECOGNIZED BY CITY OF KENT AS TRUE BOUNDARY) Ii REC. NO.: 3578921 (R1) (R2) nz— O UJ N O� CV *ALTEj] $ ....... f I P.O.C. G OY wAsfl�( co., N •��� ,� SAL LAND S� / SE CORNER OF NE 13-22-04 6 23 22 SIGHT LINE EASEMENT BUSH, ROED & HITCHINGS, INC. 1 115 CENTRAL AVE N LAND SURVEYORS & CIVIL ENGINEERS ALLIANCE RESIDENTIAL COMPANY 2009 MINOR AVE. EAST (206) 323-4144 KENT WASHINGTON BRH SEATTLE, WASHINGTON DATE: 06/23/2022 98102-3513 JOB NO.: 2020149.06