HomeMy WebLinkAboutCAG2022-460 - Original - Jalau Klavano Properties, LLC - S. 228th Street UP Grade Separation: Utility Easement - 12/12/2022Agreement Routing Form
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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
11/29/2022
Okay to sign
Cheryl Rolcik-Wilcox Public Works
11/29/22 12/2/22
N/A
4
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N/A
Jalau Klavano Properties, LLC Other
N/A
S. 228th Street UP Grade Separation
Utility Easement
N/A
4 CAG2022-460
12/5/22
12/12/22
12/13/22
12/16/2022 - rcvd re-recorded documents
for filing. M.M.
Instrument Number: 20221214000721 Document:EAS Rec: 5209.50 Page-1 of 7
Record Date:12/14/2022 3:03 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HELEN HUANG, DEPUTY
Return Address:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Document Title(s) (or transactions contained therein). All areas applicable to
your documents must be filled in. Utility Easement
Reference Number(s) of Document to be replaced due to missing date:
20221213000546
Grantor(s) (Last name first, then first name and initials) 7alau Klavano
Properties, LLC
Grantee(s) (Last name first, then first name and initials) City of Kent
Legal descriptions (abbreviated: i.e. lot, block, plat or section, township,
range): Ptn. Lot 5, Kent Valley Industrial Park
Assessor's Property Tax Parcel: Ptn. 383090-0050
The Auditor/Recorder will rely on the information provided on the form. The staff
will not read the document to verify the accuracy or completeness of the indexing
information provided herein.
Instrument Number: 20221214000721 Document:EAS Rec: 5209.50 Page-2 of 7
Record Date:12/14/2022 3:03 PM King County, WA
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: LaIau KLa) a0 Pro ties, LLC. Washin ton lilml e li bihtysq a amp
Grantee: Citof Kent, a Washington murlci or oraton �w
Abbreviated Legal Description: Ptn. Lot 5 Kent Valley n L,�tt.ial P' r.
Additional Legal Description on Exhibit ""A" attached
Assessor's Tax Parcel ID: Ptn. 3090-0050 _ Nos. STR: 13-22-4
Project Name/Number S. 228t" Street UP Grade Sep aratign�
Utility Easement
Easement granted this 12thday of_Dsss her _, 2022, by and between Jalau
Klavano Properties, LLC, a Washington limited liability company ("Grantor"), and City
of Kent, a Washington municipal corporation ("Grantee").
Grantor for and in consideration of Ten Dollars ($10.00) and/or other valuable
consideration receipt of which is hereby acknowledged by Grantor, conveys and quit
claims to Grantee, its successors and/or assigns, an easement subject to the
parameters below, for purposes described below, over, under, through, across, and
upon a portion of the property situated in King County, Washington, spe,cificallly
described in Exhibits "A" and graphically depicted. in Exhibit "B", bath of which are
attached and incorporated herein (the Easement Area"). The Grantor agrees that
this easement touches and concerns the land described in Exhibit A and that this
easement shall run with the land.
Grantee shall have the right to use the Easement Area including use of
incidental areas immediately adjacent, for installation, operation, maintenance,
extending, construction, altering, reconstructing and repair of City -owned and private
utilities, with necessary appurtenances, over, through, under, across and upon the
Easement Area, and for no other purpose. Provided, however, no above ground uses
shall be permitted unless prior approval has been granted by Grantor, except for the
Utility Easement
Page 1 of 4
Instrument Number: 20221214000721 Document:EAS Rec: S209.50 Page-3 of 7
Record Date:12/14/2022 3:03 PM King County, WA
following: an above -ground pipe, extending no more than 2.5' above the ground
level, that releases air in the waterline, which pipe will be located within one of the
planter areas shown in Exhibit B. Any underground vaults that will be located within
paved areas shall have non-skid lids rated to H-20 loading, suitable for placement
within roadway.
Grantee, will endeavor to give Grantor two days' notice by email, and shall
have the right without prior institution of suit or proceeding at law, at times as may
be necessary, to enter upon the Easement Area and immediately adjacent areas
with the necessary equipment for the purposes of altering, installation, operation,
maintenance, extending, constructing, repair and reconstructing of the City -owned
and private utilities or making any connections thereupon without incurring any
legal obligation or liability. In the event of an emergency, Grantee may access the
utilities within the Easement Area without giving advance notice.
Alteration, installation, operation, maintenance, extending, constructing,
repair and reconstructing of City -owned and private utilities shall be accomplished
in such a manner that the private improvements existing within this Easement Area,
including immediately adjacent areas, shall not be disturbed or destroyed, or in the
event they are disturbed or destroyed, they will be replaced in as good a condition
as they were immediately before the property was entered upon by the Grantee
The Easement and rights conveyed and granted herein do not convey to
Grantee or any third party the right to use any portion of the Easement Area, or
any property of Grantor adjacent thereto, for access to facilities in the right-of-way,
for access to any above ground vaults, or for access to subsurface vaults located
outside the Easement Area.
Grantor shall retain the right to use the surface of the Easement Area and
immediately adjacent areas so long as this use does not interfere with the uses
defined herein. Under no circumstances shall any permanent structures be placed or
erected on the Easement Area.
Grantor shall not change the surface grades of the Easement Area, except as
approved in advance by said Grantee, in any manner which would unreasonably
interfere with ingress, egress and access by said Grantee and/or adversely affect the
City -owned and private utilities to be installed therein.
This Easement shall be a covenant running with the land forever and shall be
binding on the Grantor's successors, heirs, and assigns.
Page 2 of 4
Utility Easement
Instrument Number: 20221214000721 Document:EAS Rec: S209.50 Page-4 of 7
Record Date:12/14/2022 3:03 PM King County, WA
GRANTOR(S) :
Jalau Klavano Properties, LLC
tme: M KLAVANO
Title: Nlrana vRg member
Date: November 16, 2022
(Notary acknowledgment on following page)
Accepted by City of Kent
B
y._
Name: Dana Ralph
Title: Mayor
Date: 12/12/2022
Utility Easement Page 3 of 4
Instrument Number: 20221214000721 Document:EAS Rec: 5209.50 Page-5 of 7
Record Date:12/14/2022 3:03 PM King County, WA
NOTARY ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss..
COUNTY OF KING )
I certify that I know or have satisfactory evidence that -Jim Kl,avano
an authorized representative of Mau Klavano* , signed this instrument
and, on oath, stated that she/he was authorized to execute the instrument and
acknowledged it to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument. * Properties LLC
Dated this &e-1ti day of November ember , 2022.
(SEAL)
Printed Name: �r� i9► e�
Notary Public in and for the State of Washington.
My commission expires 3 10 25
NOTARY
PUBLIC V
,w
Utility Easement Page 4 of 4
Instrument Number: 20221214000721 Document:EAS Rec: S209.50 Page-6 of 7
Record Date:12/14/2022 3:03 PM King County, WA
EXHIBIT A
TAX LOT 3830900050
UTILITY EASEMENT
THE SOUTH 26.00 FEET OF LOT 5, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 97 OF PLATS, PAGES 30 THROUGH 35,
RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER
OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMMETTE MERIDIAN, KING
COUNTY, WASHINGTON. CONTAINING 4,393 SQUARE FEET, MORE OR LESS.
Instrument Number: 20221214000721 Document:EAS Rec: S209.50 Page-7 of 7
Record Date:12/14/2022 3:03 PM King County, WA
PARCEL
# 3830900060
(LOT 6)
N
I
0
Project # 07-3022
LOCATED OF
1/4 OF SEC 13, TOWNSHIP 22 N,
EXHIBIT B
KENT VALLEY INDUSTRIAL PARK
VOL: 97 PG: 30-35
PARCEL
# 3830900050
(LOT 5)
S 228TH ST
PARCEL
# 3830900040
(LOT 4)
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.
KLAVANO
UTILITY EASEMENT
KENT DRAWN BY: CRT
EXHIBIT
CITY OF KENT SCALE: 1 "=50'
LAND SURVEY SECTION DATE: 5/19/2017 B