HomeMy WebLinkAboutCAG2022-477 - Supplement - Pacific Gateway Industrial Owner, LLC - Water Easement #4 - 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: 20230117000054 Document:EAS Rec: S207.50 Page-1 of 5
Record Date:1/17/2023 8:44 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. of Lot 19, Pacific Gateway Div. IV, Mod., 6,
Vol. 295, pgs. 40-47, Rec. No. 20210426001075
Additional Legal Description: On page 4 of document
Assessor's Tax Parcel ID Nos. 660007-0190
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 this flay of December
2022, by and between 139 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: 20230117000054 Document:EAS Rec: 5207.50 Page-2 of 5
Record Date:1/17/2023 8:44 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 Gateway7strial Owner, a Delaware limited liability company,
(
By
Its
Page 2 of 5
Utility Easement
Instrument Number: 20230117000054 Document:EAS Rec: S207.50 Page-3 of 5
Record Date:1/17/2023 8:44 AM King County, WA
STATE OWIMON )
ss.
COUNTY O )
I certify that I know or have satisfactory evidence that ` w
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she w s
authorized to execute the instrument and acknowledged it as thet
of bgP Co AM 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.
Qt ( ignature)
NOTARY PUBUC, STATE OF NEW YORK Registration Nm 0E OT Ply LIC, in and for the State
Qualified In residing at
Otarrmi y appointment expires __jawtal�
ACCEPTED:
CITY OF KENT
By: a Raloh
Title: Mayor
Date: 12/21/2022
Utility Easement Page 3 of 5
Instrument Number: 20230117000054 Document:EAS Rec: S207.50 Page-4 of 5
Record Date:1/17/2023 8:44 AM King County, WA
EXHIBIT,, A,
(15, PUBLIC WATER EASEMENT LEGAL DESCRIPTION)
A portion of land lying over, under and across a portion of Lot 19 of Pacific Gateway Division IV
Binding Site Plan 6th Modification, Volume 295, pages 40 through 47 recorded under recording
no. 20210426001075, records of King County, Washington, lying in the Northeast Quarter and
Southeast Quarter of the Southeast Quarter of Section 2, Township 22 North, Range 4 East,
W.M., King County, Washington, more particularly described as follows:
COMMENCING at the southeast corner of said Lot 19;
THENCE along the southerly line of said Lot 19 South 89059'36" West, 1.81 feet to the POINT
OF BEGINNING;
THENCE continuing South 89059'36" West, 15.00 feet;
THENCE North 00°00'41" West, 75.66 feet;
THENCE North 90000'00" East, 15.00 feet;
THENCE South 00°00'41" East, 75.66 feet to the POINT OF BEGINNING.
Project: 20953 Panattoni
20953L.004.doc
March 9, 2022
OBH
Instrument Number: 20230117000054 Document:EAS Rec: S207.50 Page-5 of 5
Record Date:1/17/2023 8:44 AM King County, WA
LOT
19
N90'00'01
15.
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S89'59'36"W
15.00'
SO. 204th ST.
WATER EASEMENT
SO'00'41 "E
75.66'
P.O.C.
(S.E COR. LOT 19)
36"W 1,81'
G P.O.B.
(PRIVATE)
PTN. SE1 4 OF THE SE1 4, SEC. 2 T22N R4E W,M,
SCALE. For:
HORIZONTAL 1 "=60' PANATTO N
BARGHAUSEN KENT
CONSULTING ENGINEERS, INC.
Lpj Title:
18215 72ND AVENUE SOUTH 15' PUBLIC
KENT, WA 98032
425.251.6222 BARGHAUSEN.COM WATER EASEMENT
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JOB NUMBER
20953
18619L.004.DOC
SHEET