HomeMy WebLinkAboutCAG2022-291 - Original - Jabow, Inc. - Prose Kent Station - 07/20/2022Agreement Routing Form
For Approvals, Signatures and Records Management
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Mayor
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Approval:
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Number:
Grant?
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Number: Sub-Category
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Details:
Agreement
Amount:
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Contractor:
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Date Received by City Attorney: Comments:
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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