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HomeMy WebLinkAboutCAG2022-460 - Original - Jalau Klavano Properties, LLC - S. 228th Street UP Grade Separation: Utility Easement - 12/12/2022Agreement 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 11/29/2022 Okay to sign Cheryl Rolcik-Wilcox Public Works 11/29/22 12/2/22 N/A 4 4 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