HomeMy WebLinkAboutCAG2022-477 - Supplement - Pacific Gateway Industrial Owner, LLC - Water Easement #2 - 12/21/2022Ap
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Originator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget? o Yes o No
Grant? o Yes o No
Type:
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Date Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:
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Vendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Instrument Number: 20230117000053 Document:EAS Rec: S209.50 Page-1 of 7
Record Date:1/17/2023 8:43 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASSER, DEPUTY
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: City Clerks Office
Grantor: B9 Pacific Gateway Industrial Owner, LLC, a Delaware limited liability company
Grantee: City of Kent, a Washington municipal corporation
Abbreviated Legal Description: Ptn. Lot 7 SP Alt. FSP-200-2, Rec No.
20210426900002
Additional Legal Description: On page 4 & 5 of document
Assessor's Tax Parcel ID Nos. 022204-9075, 660007-0190, 0310 and 0340
STR: 02-22-04
Project Name: Pacific Gateway Industrial Park Permit No.: KIVA 2200599
15-foot WATER
UTILITY EASEMENT
THIS INSTRUMENT is made and entered into this2lstday of
2022, by and between B9 Pacific Gateway Industrial Owner, LLC, a Delaware
limited liability company ("Grantor"), and City of Kent, a Washington municipal
corporation ("Grantee").
Grantor, for and in consideration of mutual benefits derived and/or other
valuable consideration, receipt of which is hereby acknowledged by Grantor, grants
and conveys to Grantee an easement for potable water with necessary
appurtenances, for the installation, operation, maintenance, extension,
construction, alteration, reconstruction and repair over, under, through, across and
upon the following described real property, situated in King county, Washington:
SEE EXHIBIT ""A" ATTACHED
Grantee shall have the right, without prior institution of suit or proceeding at
law, at times as may be necessary, to enter upon the above -referenced property,
Utility Easement Page 1 of 5
Instrument Number: 20230117000053 Document:EAS Rec: 5209.50 Page-2 of 7
Record Date:1/17/2023 8:43 AM King County, WA
as generally depicted in Exhibit "B," attached hereto and made a part hereof,
including any immediately adjacent incidental areas, with the necessary equipment
for the purposes of altering, installing, operating, maintaining, extending,
constructing, repairing, and reconstructing potable water facilities, or making
connections to those systems, without incurring any legal obligation or liability;
provided, however, that the private improvements existing within this easement
area and the immediately adjacent incidental areas shall not be disturbed or
destroyed, or in the event they are disturbed or destroyed, they will be restored to
substantially the same condition as they were immediately before the properties
were entered upon by the Grantee.
Grantor shall retain the right to use the surface of this easement, including
the immediately adjacent incidental areas, so long as that use does not interfere
with the Grantee's uses as described in this document. Under no circumstances
shall any structures be placed or erected on this easement. Grantor shall not
change the surface grades, except as approved in advance by the Grantee, in any
manner that would unreasonably interfere with ingress, egress and access by the
Grantee for the installation, operation, maintenance, extension, construction,
reconstruction or repair of the facilities.
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 attorney's fees incurred by Grantor in connection therewith,
arising directly or indirectly on account of or out of the negligent exercise by
Grantee, its servants, agents, employees and contractors of the rights granted in
this easement.
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:
B9 Pacific Gateway cistrial Owner, LLC, a Delaware limited liability company,
By:
Its:
Utility Easement Page 2 of 5
Instrument Number: 20230117000053 Document:EAS Rec: 5209.50 Page-3 of 7
Record Date:1/17/2023 8:43 AM King County, WA
STATE OF � )
W"Yo3k ) ss.
COUNTY OF IMN )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/sh, s
authorized to execute the instrument and acknowledged it as the..
of Bg Paci i t n (LL Lsi IC`eNware li i ed ii b" it com y to
be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated:
-Notary Seal Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
Signature)
NOTARY PUBLIC, STATE of NEW YOM T FAY P C, in and for the State
Registration No. 01 DE6288659
Qualified in New York Coo t f residing at ,
Commission r,ir,Juneµ3 2.mmt y appointment expires ft
ACCEPTED:
CITY OF KENT
By Dgna Ral
Title:,\1 r
Date. _ 12/21/2022
Utility Easement Page 3 of 5
Instrument Number: 20230117000053 Document:EAS Rec: S209.50 Page-4 of 7
Record Date:1/17/2023 8:43 AM King County, WA
EXHIBIT A
WATER EASEMENT LEGAL DESCRIPTION
A 15.00 FOOT WIDE STRIP OF LAND OVER A PORTION OF LOT 7 OF SHORT PLAT ALTERATION NO. FSP-
200-2, FILED UNDER RECORDING NO. 20210426900002, TRACT "G" OF PACIFIC GATEWAY DIVISION IV
BINDING SITE PLAN 5TH MODIFICATION FILED UNDER RECORDING NO. 20191223001090, AND LOT 19 AND
TRACT D OF PACIFIC GATEWAY DIVISION IV BINDING SITE PLAN 6TH MODIFICATION FILED UNDER
RECORDING NO. 20210426001075, RECORDS OF KING COUNTY, WASHINGTON, SAID 15.00 FOOT WIDE
STRIP LYING 7.50 FEET ON EACH SIDE OF THE CENTERLINE MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHERLY MOST SOUTHEAST CORNER OF SAID LOT 7, BEING A POINT ON THE
NORTH MARGIN OF SOUTH 2O8TH STREET;
THENCE NORTH 89°23'10" WEST, ALONG SAID NORTHERLY MARGIN, 665.15 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 00°36'56" EAST, 58.15 FEET;
THENCE NORTH 00°35'23" WEST, 10.42 FEET;
THENCE NORTH 90°00'00" WEST, 35.93 FEET;
THENCE SOUTH 90°00'00" EAST, 35.93 FEET;
THENCE NORTH 00°35'23" WEST, 49.80 FEET;
THENCE NORTH 00°08'00" WEST, 7.55 FEET;
THENCE NORTH 90°00'00" EAST, 25.10 FEET TO THE EASTERLY LIMITS OF A PRIVATE ACCESS AND
UTILITY EASEMENT FILED UNDER RECORDING NO. 20191213000970, AND RELOCATED PER SAID SHORT
PLAT ALTERATION;
THENCE SOUTH 90°00'00" WEST, 25.10 FEET;
THENCE NORTH 00°08'00" WEST, 172.68 FEET TO A NON -TANGENT CURVE, CONCAVE TO THE EAST,
HAVING A RADIUS OF 410.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 90°00'00" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°51'4711, FOR
49.11 FEET;
THENCE NORTH 83°08'23" WEST, 29.79 FEET TO THE WESTERLY LIMITS OF SAID LOT 7;
THENCE SOUTH 83°08'23" EAST, 29.79 FEET;
THENCE CONTINUING ALONG SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 06°48'43",
FOR 48.74 FEET;
THENCE NORTH 13°40'29" EAST, 63.31 FEET TO A CURVE TO THE LEFT, HAVING A RADIUS OF 410.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°48'12", FOR 98.77 FEET;
THENCE NORTH 00°07'43" WEST, 111.09 FEET;
THENCE NORTH 89°57'18" EAST, 19.67 FEET;
THENCE SOUTH 89°57'18" WEST, 19.67 FEET;
THENCE NORTH 00°07'43" WEST, 206.58 FEET TO A NON -TANGENT CURVE, CONCAVE TO THE EAST,
HAVING A RADIUS OF 409.92 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 89°52'01" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°14'28", FOR
94.73 FEET;
THENCE SOUTH 76°27'41" EAST, 17.67 FEET;
THENCE NORTH 76°27'41" WEST, 17.67 FEET;
THENCE CONTINUING ALONG SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 06°54'02",
FOR 49.37 FEET;
THENCE NORTH 20°00'31" EAST, 75.21 FEET TO A CURVE TO THE LEFT, HAVING A RADIUS OF 410.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°09'54", FOR 22.65 FEET;
THENCE SOUTH 73°09'23" EAST, 23.01 FEET;
THENCE NORTH 73°09'23" WEST, 23.01 FEET;
THENCE CONTINUING ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°21'57", FOR 16.93 FEET;
20953 - PANATTONI KENT
20953L.015 - RDL
DECEMEBER 9, 2021
Instrument Number: 20230117000053 Document:EAS Rec: 5209.50 Page-5 of 7
Record Date:1/17/2023 8:43 AM King County, WA
THENCE NORTH 75°20'36" WEST, 25.93 FEET TO THE WESTERLY LIMITS OF SAID LOT 7;
THENCE SOUTH 75°20'36" EAST, 25.93 FEET;
THENCE CONTINUING ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°29'03", FOR 103.65 FEET;
THENCE NORTH 00°00'14" WEST, 10.31 FEET;
THENCE NORTH 00°00'01" EAST, 9.86 FEET TO A POINT HEREINAFTER REFERRED TO AS 'POINT A';
THENCE CONTINUING NORTH 00°00'01" EAST, 46.91 FEET;
THENCE NORTH 89°56'07" WEST, 27.54 FEET TO THE WEST LINE OF SAID LOT 19;
THENCE SOUTH 89°56'07" EAST, 27.54 FEET;
THENCE NORTH 00°00'01" EAST, 14.45 FEET;
THENCE NORTH 89°56'07" WEST, 27.52 FEET TO THE WEST LINE OF SAID LOT 19;
THENCE SOUTH 89°56'07" EAST, 27.52 FEET;
THENCE NORTH 00°00'01" EAST, 18.03 FEET;
THENCE NORTH 90°00'00" WEST, 26.52 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION;
TOGETHER WITH A 15.00 FOOT WIDE STRIP, LYING 7.50 FEET ON EACH SIDE OF THE CENTERLINE MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID 'POINT A';
THENCE NORTH 89°58'57" EAST, 136.69 FEET;
THENCE SOUTH 00°01'37" EAST, 25.45 FEET TO THE SOUTH LINE OF SAID TRACT "G";
THENCE NORTH 00°01'37" WEST, 25.45 FEET;
THENCE NORTH 89°58'57" EAST, 133.20 FEET;
THENCE NORTH 00°00'08" WEST, 35.52 FEET TO THE NORTH LINE OF SAID TRACT "G";
THENCE SOUTH 00°00'08" EAST, 35.52 FEET;
THENCE NORTH 89°58'57" EAST, 104.92 FEET;
THENCE NORTH 00°02'53" EAST, 35.50 FEET TO THE NORTH LINE OF SAID TRACT "G
THENCE SOUTH 00°02'53" WEST, 35.50 FEET;
THENCE NORTH 89°58'57" EAST, 42.83 FEET;
THENCE SOUTH 00°01'03" WEST, 43.50 FEET;
THENCE NORTH 00°01'03" EAST, 43.50 FEET;
THENCE NORTH 89°58'57" EAST, 25.13 FEET;
THENCE SOUTH 00°01'03" WEST, 32.96 FEET;
THENCE NORTH 00°01'03" EAST, 32.96 FEET;
THENCE NORTH 89°58'57" EAST, 125.94 FEET;
THENCE NORTH 00°00'41" WEST, 47.20 FEET;
THENCE SOUTH 89°39'49" EAST, 40.89 FEET TO THE WEST MARGIN OF WEST VALLEY HIGHWAY AND THE
TERMINUS OF THIS CENTERLINE DESCRIPTION.
THE SIDELINES OF THE ABOVE DESCRIBED STRIPS OF LAND SHALL BE LENGTHENED OR SHORTENED TO
INTERSECT AT ALL ANGLE POINTS AND LINES PERPENDICULAR TO ALL DESCRIBED TERMINI, AND THE
EXTERIOR LIMITS OF SAID LOT 7, TRACT G AND LOT 19 WHERE APPLICABLE.
N
20953 - PANATTONI KENT
20953L.015 - RDL
DECEMEBER 9, 2021
IN
lw
I
Instrument Number: 20230117000053 Document:EAS Rec: S209.50 Page-6 of 7
Record Date:1/17/2023 8:43 AM King County, WA
L24 L23
PACIFIC GATEWAY DIVISION IV
L1 B.S.P. 6TH MOD.
POW A REC. NO.20210426001075
(S. 204th ST.) L 20 9 L2
Ll
a
L18- 17 L L31 L
L16 L3—
J
TRACT G
PACIFIC GATEWAY DIV. IV
't. AAycs L15 B.S.P. 5TH MOD.
-C6 REC. No. 20191223001090
`fie
t'
N89"52'01 '*E(R)
L11
LOT 7
SHORT PLAT ALTERATION
LOT 8 No. FSP-200-2
REC. No.20210426900002
RELOCATED 61' PRIVATE
ACCESS & UTILITY EASEMENT
REC. NO. 20191213000970
N90'00'00'E(R)
LOT 6 L
0
P.O.C.
(SOUTHERLY MOST
SE CORNER LOT 7)
L3 N89'23'10"W 665.15'
P.0
SCALE. For:
HORIZONTAL 1 "=200' VERTICAL N/A PANATTONI
Barghausen KENT
Consulting Engineers, Inc.
18215 72nd Avenue South Title:
Kent,W 98032 WATER
425.251.6222 barghausen.com EASEMENT
EXHIBIT B
N
04
SCALE V-200'
E W
W
a
N
JOB NUMBER
20953
20953L. 0 15.0C
SHEET
Instrument Number: 20230117000053 Document:EAS Rec: 5209.50 Page-7 of 7
Record Date:1/17/2023 8:43 AM King County, WA
EXHIBIT B
CURVE TABLE
CURVE
RADIUS DELTA LENGTH
C1
410.00' 6'51'47" 49.11'
C2
410.00' 6'48'43" 48.74'
C3
410.00' 13*48'12" 98.77'
C4
409.92' 13'14'28" 94.73'
C5
409.92' 6'54'02" 49.37'
C6
410.00' 3'09'54" 22.65'
C7
410.00' 2'21'57" 16.93'
C8
410.00' 14'29'03" 103.65'
LINE TABLE
LINE TABLE
UNE TABLE
LINE
BEARING
DIST
LINE
BEARING DIST
LINE
BEARING
DIST
L1
N00'36'56"E
58.15'
L14
N20'00'31 "E 75.21'
L27
N89'58'57"E
133.20'
L2
N00'35'23"W
10.42'
L15
S73'09'23"E 23.01'
L28
N00'00'08"W
35.52'
L3
N90'00'00"W
35.93'
L16
N75'20'36'W 25.93'
L29
N89'58'57"E
104.92'
L4
N00'35'23"W
49.80'
L17
N00'00'14'1V 10.31'
L30
N00'02'53"E
35.50'
L5
N00'08'00"W
7.55'
L18
N00'00'01 "E 9.86'
L31
N89'58'57"E
42.83'
L6
N90'00'00"E
25.10'
L19
N00'00'01 "E 46.91'
L32
S00'01'03"W
43.50'
L7
N00'08'00"W
172.68'
L20
N89'56'07'V 27.54'
L33
N89'58'57"E
25.13'
L8
N83'08'23"W
29.79'
L21
N00'00'01"E 14.45'
L34
S00'01'03"W
32.96'
L9
N13'40'29"E
63.31'
L22
N89'56'07'W 27.52'
L35
N89'58'57"E
125.94'
L10
N00'07'43"W
111.09'
L23
N00'00'01 "E 18.03'
L36
N00'00'41 "W
47.20'
L11
N89'57'18"E
19.67'
L24
N90'00'00"W 26.52'
L37
S89'39'49"E
40.89'
L12
N00'07'43"W
206.58'
L25
N89'58'57"E 136.59'
L13
S76'27'41 "E
17.67'
L26
S00'01'37"E 25.45'
SCALE. For:
HORIZONTAL 1 "=N/A' VERTICAL N/A
Barghausen
Consulting Engineers, Inc.
18215 72nd Avenue South TIME
Kent, W 98032
425.251.6222 barghausen.com
w
w
J
s
a
JOB NUMBER
PANATTONI 20953
KENT 20953L.015.DOC
SHEEF
WATER
EASEMENT 2of 2