HomeMy WebLinkAboutCAG2022-477 - Supplement - Pacific Gateway Industrial Owner, LLC - Water Easement #1 - 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: 20230117000060 Document:EAS Rec: S209.50 Page-1 of 7
Record Date:1/17/2023 8:45 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: 139 Pacific Gateway Industrial Owner, LLC, a Delaware limited liability company
Grantee: City of Kent, a Washington municipal corporation
Abbreviated Legal Description: Ptn. Of Lots 19, 23-24 and 27, Pacific Gateway
Div. IV, Mod 6, vol. 295, pgs 40-47, Rec. No. 20210426001075
Additional Legal Description: On page _ 4 & 5 of document
Assessor's Tax Parcel ID Nos. 660007-0190, 0230, 0240 and 0270
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 21,4ay of December
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: 20230117000060 Document:EAS Rec: 5209.50 Page-2 of 7
Record Date:1/17/2023 8:45 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 Gatwa Industrial Owner, a Delaware limited liability company,
By:
Utility Easement Page 2 of 5
Instrument Number: 20230117000060 Document:EAS Rec: 52O9.5O Page-3 of 7
Record Date:1/17/2023 8:45 AM King County, WA
wew Yort
STATE OF WA5INGT)
QQW `WV_ ) ss.
COUNTY OF F ift )
I certify that I know or have satisfactory evidence that ... 4,...,
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of &P c ft rJjMjtgd II& i W_ p to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: ,( t
-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 P6ajo.STATE OFNEWYORK OTA Y P B IC, in and for the State
Regis n Ot DE6283659 residing at
Oualffi in New York nty'
comrrsisslonExp June 1,10?5 j4y appointment expires
ACCEPTED:
CITY OF KENT
By: Dana Ralph
Title:_Bay_QL .,,
Date: 12 2 2
Utility Easement Page 3 of 5
Instrument Number: 20230117000060 Document:EAS Rec: S209.50 Page-4 of 7
Record Date:1/17/2023 8:45 AM King County, WA
EXHIBIT A
15, PUBLIC WATER LINE EASEMENT LEGAL DESCRIPTION
A 15.00 foot wide strip of land lying over, under and across a portion of Lots 19, 23, 24 and 27 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
Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter
of Section 2, Township 22 North, Range 4 East, W.M., King County, Washington, the centerline
of said 15.00 foot wide strip more particularly described as follows:
COMMENCING at the northwest corner of Lot 27 of said Binding Site Plan;
THENCE South 88013'19" East, along the south margin of South 199th Place, 48.54 feet to the
POINT OF BEGINNING;
THENCE South 00°00'00" East, 66.36 feet;
THENCE South 90000'00" East, 75.73 feet;
THENCE North 90000'00" West, 75.73 feet;
THENCE South 00°00'00" East, 596.03 feet to a point hereinafter referred to as `Point A';
THENCE South 00000'00" East, 35.63 feet to a point hereinafter referred to as 'Point B';
THENCE South 00000'00" East, 223.91 feet;
THENCE South 89030'29" East, 15.73 feet;
THENCE North 89030'29" West, 15.73 feet;
THENCE South 00000'00" East, 66.96 feet;
THENCE North 90000'00" East, 24.85 feet;
THENCE South 90°00'00" West, 24.85 feet;
THENCE South 00°00'00" East, 16.17 feet;
THENCE South 21 °43'59" East, 167.82 feet;
THENCE North 68016'01" East, 36.80 feet;
THENCE South 68016'01" West, 36.80 feet;
THENCE South 21 °43'59" East, 100.91 feet;
THENCE South 00000'00" East, 176.38 feet;
THENCE North 89°59'36" East, 43.35 feet;
THENCE South 89059'36" West, 43.35 feet;
THENCE South 00000'00" East, 51.53 feet to the south line of said lot 19, and the TERMINUS
of said centerline;
ALSO, a 20.67 foot wide strip of land lying over, under and across Lots 24 and 27 of said
Binding Site Plan, the centerline of which is more particularly described as follows:
BEGINNING at said 'Point A';
THENCE South 89059'46" West, 50.45 feet to the TERMINUS of said centerline.
ALSO, a 15.Op foot wide strip of land lying over, under and across said Lots 23, 24 and 27 of
said Binding Site Plan, the centerline of which is more particularly described as follows:
20953 — Panattoni
20953L.008 — RDL
March 9, 2022
Instrument Number: 20230117000060 Document:EAS Rec: S209.50 Page-5 of 7
Record Date:1/17/2023 8:45 AM King County, WA
BEGINNING at said 'Point B';
THENCE South 89057'40" West, 107.64 feet;
THENCE North 00°00'00" East, 25.83 feet;
THENCE North 90000'00" East, 30.76 feet;
THENCE South 90°00'00" West, 30.76 feet;
THENCE South 00000'00" West, 25.83 feet;
THENCE South 89057'40" West, 158.57 feet;
THENCE South 00'04'10" East, 65.00 feet to the south line of said Lot 24 ;
THENCE North 00004'10" West, 65.00 feet;
THENCE South 89057'40" West, 230.15 feet;
THENCE South 00'04'10" East, 63.63 feet to the south line of said Lot 24;
THENCE North 00004'10" West, 63.63 feet;
THENCE South 89057'40" West, 161.52 feet;
THENCE North 00000'00" East, 24.85 feet;
THENCE North 90°00'00" West, 17.02 feet;
THENCE South 90000'00" East, 17.02 feet;
THENCE South 00°00'00" West, 24.85 feet;
THENCE South 89°57'40" West, 59.97 feet;
THENCE North 00000'00" East, 37.91 feet;
THENCE South 00000'00" West, 37.91 feet;
THENCE South 89057'40" West, 61.72 feet;
THENCE North 78047'20" West, 212.85 feet to the westerly line of said Lot 23, and the
TERMINUS of said centerline;
The sidelines of each of the above described strips of land shall be lengthened or shortened to
terminate upon their respective boundaries, all angle points and lines perpendicular to all
described termini.
20953 — Panattoni
20953L.008 — RDL
March 9, 2022
Instrument Number: 20230117000060 Document:EAS Rec: S209.50 Page-6 of 7
Record Date:1/17/2023 8:45 AM King County, WA
EXHIBIT B
N
P.O.C.
(NW CORNER OF LOT 27)
L1
P.O.B.
SOUTH 199TH PLACE
t' 1 1
L3
�� ` 2C
SCALE V-300'
26
61' PRIVATE ACCESS
& UTILITY EASEMENT
27
REC. N0. 20051223000754
P 01 1C
01"J 5 ~1i�A:"�4Ci1 t4
--47
�15.0'rC+rl
CLLTERMINU'
�Sm P 5
,�L17
0POINT
"TERMINUS
L1
A
L23 L 1
�--OPOINTB
-L24 L22
61' PRIVATE ACCESS
m & UTILITY EASEMENT
I
22
VL7 REC. NO. 20051223000754
AlL
�...... TRACT D
21 MINUS
TRACT C TRACT G
SO. 204thJST(PRIVATE)
PTN. NW114 OF THE SE1/4, SEC. 2, T22N, R4E, W.M.
SCALE. For: JOB NUMBER
HORIZONTAL 1 "=300' VERTICAL N/A PANATTONI 20953
Barghausen K E N T 20953L.008.D0
Consulting Engineers, Inc.
18215 72nd Avenue South Tltl®: 15' PUBLIC SHEET
Kent,1. 98032 WATERLINE
425.251.6222 barghausen.com
EASEMENT 1 a 2
Instrument Number: 20230117000060 Document:EAS Rec: S209.50 Page-7 of 7
Record Date:1/17/2023 8:45 AM King County, WA
EXHIBIT B
LINE TABLE
LINE TABLE
LINE
BEARING
DIST
LINE
BEARING
DIST
L1
S88'13'19"E
48.54'
L21
S89'57'40"W
158.57'
L2
S00'00'00"E
66.36'
L22
S00'04'10"E
65.01'
L3
S90'00'00"E
75.73'
L23
S89'57'40"W
230.15'
L4
S00'00'00"E
596.03'
L24
S00'04'10"E
63.63'
L5
S00'00'00"E
35.63'
L25
S89'57'40"W
161.52'
L6
S00'00'00"E
223.91'
L26
N00'00'00"E
24.85'
L7
S89'30'29"E
15.73'
L27
N90'00'00"W
17.02'
L8
S00'00'00"E
66.96'
L28
S89'57'40"W
59.97'
L9
N90'00'00"E
24.85'
L29
N00'00'00"E
37.91'
L10
S00'00'00"E
16.17'
L30
S89'57'40"W
61.72'
L11
S21'43'59"E
167.82'
L31
N78'47'20"W
212.85'
L12
N68'16'01"E
36.80'
L13
S21'43'59"E
100.91'
L14
S00'00'00"E
176.38'
L15
N89'59'36"E
43.35'
L16
S00'00'00"E
51.53'
L17
S89'59'46"W
50.45'
L18
S89'57'40"W
107.64'
1-19
N00'00'00"E
25.83'
L20
N90'00'00"E
30.76'
SCALE: For:
HORIZONTAL N/A VERTICAL N/A pANATTONI
Barghausen KENT
Consulting Engineers, Inc.
18215 72nd Avenue South Title" 15' PUBLIC
Kent,1. 98032 WATERLINE
425.251.6222 barghausen.com
EASEMENT
JOB NUMBER
20953
20953L.008.DOC
SHEET