HomeMy WebLinkAboutCAG2023-024 - Original - King County - Maintenance and Access Easement at S 277th Street Bridge - 01/26/2023Agreement 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
Mayor Ralph-Please sign and have your signature
notarized on page 16. Thank you! ~ Cheryl1/13/2023
Okay to sign.
1/17/2023
1/17/2023 3/7/23 - pulled recorded version from K.C. website. M.M.
CAG2023-024
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-1 of 21
Record Date:2/2/2023 3:50 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY LEAH BOGNOSON, DEPUTY
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
WHEN Recorded Return to:
City of Kent
220 4th Ave S
Kent, WA 98032
MAINTENANCE AND ACCESS EASEMENT
Grantor: King County
Grantee: City of Kent
Abbreviated Legal Description: Ptns of NE `/4 STR 31-22N-5E
Additional Legal Description on Exhibit A
Assessor's Tax Parcel No.(s): Ptns of 0004200018, 3022059054, 3122059011,
Project Name: South 277' Street Bridges
THIS Easement ("Easement" or "Agreement") is granted by KING COUNTY, a home -
rule charter county and political subdivision of the State of Washington, hereinafter called the
"Grantor," to the CITY OF KENT, a Washington municipal corporation, hereinafter called
the "Grantee." Together, Grantor and Grantee are sometimes referred to herein as the
"Parties" and individually as a "Party."
RECITALS
A. Grantor is the owner of parcels 0004200018, 3022059054, and 3122059011, further
described in Exhibit A attached hereto and incorporated by reference (collectively, the
"Property").
B. Grantee desires easements over the Property as described in Exhibit B attached hereto
and incorporated by reference (the "Easement Area") in order to access and maintain
the South 277th Street roadway, bridge, associated utilities and drainage infrastructure,
maintenance access roads, and accompanying pedestrian bridge and its approach roads
across the Green River, all of which cross the Property (collectively, the
"Improvements").
Page 1 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 1 /21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-2 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
C. Grantor is authorized to grant easements and other interests pursuant to King County
Code Section 4.56.115. Grantor is willing to grant an easement to Grantee over the
Property subject to the terms and conditions set forth in this Easement, and Grantee is
willing to accept the same.
NOW, THEREFORE, for and in consideration of ten dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
EASEMENT TERMS AND CONDITIONS
1. Grant of Easement.
A. Grant. Grantor hereby grants to Grantee, its successors and assigns, a perpetual,
nonexclusive easement for bridge maintenance and access (the "Easement") over,
through and across the Property situated in King County, Washington, specifically
described in Exhibit A and graphically depicted in Exhibit B and by this reference
incorporated herein, for the purposes described in Section 2 below and subject to the
limitations set forth herein. Grantee shall have the right to permit third parties to enter
upon the Easement Area to accomplish the purposes described herein, provided that all
such persons abide by the terms of this Easement.
B. Grantee acknowledges and agrees that Grantor has not made, does not make, and
specifically negates and disclaims any representations, warranties, promises,
covenants, contracts, or guaranties of any kind or character whatsoever, whether
express or implied, oral or written, past, present, or future, of as to, concerning, or
with respect to:
i. The value, nature, quality, or condition of the Easement Area, including,
without limitation, the water, soil, and geology;
ii. The income, if any, to be derived from the Easement Area;
iii. The suitability of the Easement Area for any and all activities or uses which
Grantee or anyone else may conduct thereon;
iv. The compliance of or by the Easement Area or its operation with any laws,
rules, ordinances, or regulations of any applicable governmental authority or
body;
V. The Easement Area's habitability, merchantability, marketability,
profitability, or fitness for a particular purpose;
vi. The manner or quality of the construction or materials, if any, incorporated
into the Easement Area; or
Page 2 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 2/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-3 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
vii. Any other matter with respect to the Easement Area; and Grantee specifically
acknowledges and agrees that Grantor has not made, does not make, and
specifically disclaims any representations regarding compliance with any
environmental protection, pollution, zoning or land use laws, rules,
regulations, orders, or requirements, including the existence in, on, or
adjacent to the Easement Area of Hazardous Substances as defined in
Section 8 of this Easement.
C. Grantee further acknowledges and agrees that, having been given the opportunity to
inspect the Easement Area, Grantee is relying solely on its own investigation of the
Easement Area and not on any information provided or to be provided by Grantor.
Grantee further acknowledges and agrees that any information provided or to be
provided by Grantor with respect to the Easement Area was obtained from a variety of
sources and that Grantor has not made any independent investigation or verification of
such information and makes no representations as to the accuracy or completeness of
such information.
D. Grantee further acknowledges and agrees that Grantor is not liable or bound in any
manner by any verbal or written statements, representations, or information pertaining
to the Easement Area, or the operation thereof, furnished by any real estate broker,
agent, employee, servant, or other person, and, to the maximum extent permitted by
law, the use of the Easement Area as provided for herein is made on an "AS -IS"
condition and basis with all faults, without any obligation on the part of Grantor to
make any changes, improvements, or to incur any expenses whatsoever for the
maintenance or repair of the Easement Area.
E. Grantor makes no representations or warranties, express or implied, as to title to the
Property, and in the event of any title failure Grantor shall not be liable to refund any
consideration received in exchange for this Easement. Grantee further agrees that it
shall evaluate matters of title to Grantor's property and the Premises at Grantee's sole
cost, expense, and risk, and that Grantor has no duty, express or implied, to furnish
any bond, abstract, or indemnification to any person or entity regarding Grantor's title
to the Property.
2. Purpose of Easement; Limitations of Grant and Conditions of Use.
A. The purpose of this Easement is to grant Grantee, its employees, contractors, agents,
permittees, and licensees the right to access and maintain, repair, improve, replace,
and remove the Improvements.
B. The easement rights granted herein are solely for the benefit of Grantee, and are
personal to Grantee, its successors in interest and assigns. Grantee's use of the
Page 3 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 3/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-4 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
Easement Area shall be non-exclusive. Grantee may not fence any portion of the
Easement Area.
C. Grantee further understands, acknowledges, and agrees that the following conditions
shall apply to Grantee's exercise of its rights to access and maintain, repair, improve,
replace and remove the Improvements under this Easement:
i. Maintain Grantor's access to the Property.
ii. Stay within the defined Easement Area; no construction parking on the Property.
iii. Keep Easement Area reasonably free of trash, litter, construction debris etc.
iv. Control dirt and mud from wheels of trucks and other equipment employed by
Grantee in the exercise of its rights under this Easement.
v. Repair and restore asphalt, concrete, curbs, landscaping, utilities, or other
improvements located on the Easement Area damaged by Grantee in the exercise
of its rights under this Easement.
D. Prior to its entry onto the Easement Area to repair, replace, or improve the
Improvements, Grantee shall, at its sole cost and expense, submit to Grantor for its
review and approval, which approval shall not be unreasonably withheld, copies of the
plans and specifications for such work and detailing any improvements to be removed.
Grantor shall have ten (10) business days following receipt thereof to approve the
plans and specifications for the Improvements (or any modification thereof) in writing
or the same will be deemed disapproved. If Grantor submits objections or comments
within the 10-day period, then Grantee shall revise the plans and specifications
consistent with the objections or comments and shall resubmit the same to Grantor for
further review until Grantee submittals have been approved.
E. All work undertaken by Grantee on the Easement Area or in connection with the
Improvements shall be at Grantee's sole cost and expense and shall be constructed in a
good and workmanlike manner. When Grantee commences or causes such work to be
commenced then it shall prosecute the same diligently and continuously to
completion.
F. Grantee shall, at its sole cost and expense, maintain the Improvements in good
condition and repair for so long as this Easement remains in effect. Without limiting
the generality of the foregoing sentence, Grantee shall:
i. Not commit or suffer any waste upon the Easement Area or the Property in
connection with its use of the Easement Area;
ii. Not do or permit anything to be done in, on or about the Property or the Easement
Area that is illegal or unlawful in connection with its use of the Easement Area;
and
Page 4 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 4/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-5 of 21
Record Datc:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID- 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
iii. comply with all environmental, health and safety requirements imposed by the
permitting jurisdictions or other governmental authorities or Environmental Laws
as defined in Section 8 of this Easement and all requirements of law that may be
applicable to Grantee's use of the Easement Area.
G.royal= may not cut,
remove, clear, maintain, or dispose of any brush, trees or other on in the
Easement Area, except with Grantor's prior written approval, which approval may be
withheld by Grantor in its sole and absolute discretion.
H. Restoration. If Grantor's improvements or recreational facilities in the Easement Area
are disturbed or damaged by any of Grantee's activities, then upon completion of such
activities, Grantee shall, at Grantee's discretion, replace them with hardscape, gravel,
or hydroseed, or restore them to a condition that is as good or better than that which
existed prior to the use, or as negotiated separately.
I. Surface WVatr M�aria&tnjerLt. Grantee will take all steps necessary to minimize erosion
from surface water resulting from its Improvements or its use of the Easement Area. If
in the reasonable opinion of Grantor, such erosion affects the earth cover within the
Easement Area or Property and appurtenant facilities, Grantor may close the affected
areas until, in the reasonable opinion of Grantor, the cause and effect of the erosion
have been remedied by Grantee.
Grantor's Reserved Right to Use Easement Area. Grantor reserves and retains all other
rights to use and enjoy the Easement Area for any purpose, including but not limited to the
right to use existing improvements located in the Easement Area, so long as such use does
not unreasonably interfere with Grantee's rights under this Easement. Grantor agrees not
to interfere with Grantee's rights under this easement. Interference includes but is not
limited to creating any obstructions that would impede Grantee's ingress and egress or
access to the Easement Area, physically modifying the Easement Area, or preventing the
proper use of the Improvements.
4. No Grant Regarding Separate or Private Property. This Easement does not grant
Grantee any right or privilege to enter or alter any separate or privately -owned property or
to alter any separate or privately -owned improvements, and Grantor expressly negates any
intent or authority to make any such grant. As between Grantor and Grantee, Grantee
shall be solely responsible to acquire any separate or privately -owned property rights or
authorizations to the extent that Grantee may require them for its purposes.
5. Binding Effect; Termination. The Easement granted hereby, and the duties, restrictions,
limitations and obligations set forth herein shall burden the Easement Area and shall be
binding upon Grantor and its respective successors, assigns, and lessees and each and
every person who shall at any time have a fee, leasehold, or other interest in any part of
Page 5 of 21
https:llrecordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 5/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-6 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
the Easement Area. This Easement shall automatically terminate upon Grantee's
abandonment or vacation of the Improvements.
6. Compliance with Laws. Grantee shall at its sole cost and expense comply with all
applicable laws, rules, ordinances or regulations, including but not limited to permission
from the owners of any and all third -party equipment, improvements, or utilities located
within or adjacent to the Easement Area.
7. No Liens. Grantee shall not suffer or permit any lien, charge, security interest or
encumbrance (collectively, "Liens") to be filed against the Property in connection with or
arising under this Easement or relating to the Improvements . If any such Lien is filed,
Grantee shall within thirty (30) days following the attachment of same, remove and
discharge any and all such Liens. Grantee may contest the validity or amount of any
such Lien in good faith provided that within thirty (30) days after the filing of any such
Lien, Grantee discharges such Lien of record or records a bond which eliminates said
Lien as an encumbrance against the Property. Grantee shall indemnify, protect, defend
and hold Grantor harmless from and against all liabilities, losses, damages, expenses and
costs (including reasonable attorneys' fees and costs) incurred in connection with any
such Liens, which indemnification shall survive the expiration or termination of this
Easement.
g. Environmental Requirements.
A. Grantee represents, warrants and agrees that it shall conduct its activities related to the
Easement Area in compliance with all applicable environmental laws. For purposes of
this Easement, "Environmental Laws" means all federal, state and local laws,
ordinances, regulations, permits, decrees or other governmental requirements now or
hereafter in effect related to Hazardous Materials and other environmental laws,
including, but not limited to, laws and regulations pertaining to stormwater discharges
as set by the U.S. Environmental Protection Agency and the Washington Department
of Ecology. For purposes of this Easement, "Hazardous Materials" means:
i. Any toxic substances or waste, sewage, petroleum products, radioactive substances,
heavy metals, medical, corrosive, noxious, acidic, bacteriological or disease -
producing substances; or
ii. Any dangerous waste or hazardous waste as defined in:
a. Washington Hazardous Waste Management Act as now existing or hereafter
amended (RCW Ch. 70A.300); or
b. Washington Model Toxics Control Act ("MTCA") as now existing or hereafter
amended (RCW Ch. 70A.305); or
c. Resource Conservation and Recovery Act as now existing or hereafter amended
(42 U.S.C. Sec. 6901 et seq.); or
iii. Any hazardous substance as defined in:
Page 6 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 6/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-7 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
a. Comprehensive Environmental Response, Compensation, and Liability Act
("CERCLA") as now existing or hereafter amended (42 U.S.C. Sec. 9601 et seq.);
or
b. Washington Model Toxics Control Act ("MTCA") as now existing or hereafter
amended (RCW Ch. 70A.305); or
iv. Any pollutants, contaminants, or substances posing a danger or threat to public
health, safety or welfare, or the environment, which are regulated or controlled as
such by any applicable federal, state or local laws, ordinances or regulations as
now existing or hereafter amended.
B. Grantee shall not bring Hazardous Materials upon the Easement Area without
Grantor's express written permission and under such terms and conditions as may be
specified by Grantor. In the event such permission is granted, the disposal of such
materials must be done in a legal manner by Grantee.
C. Grantee agrees to cooperate in any environmental investigations conducted by or at
the direction of Grantor or any state, federal, or local agency with jurisdiction where
there is evidence of contamination on the Property, or where Grantor is directed to
conduct such audit by an agency or agencies having jurisdiction. Grantee shall
reimburse Grantor for the cost of such investigations, where the need for said
investigation is reasonably and finally determined to be caused by Grantee's acts or
omissions. Grantee shall provide Grantor with notice of any inspections of the
Easement Area, notices of violations, and orders to clean up contamination. Grantee
shall permit Grantor to participate in all settlement or abatement discussions. If
Grantee fails to take remedial measures as duly directed by a state, federal, or local
regulatory agency within thirty (30) days of such notice, Grantor may elect to perform
such work, and Grantee covenants and agrees to reimburse Grantor for all
commercially reasonable direct and indirect costs associated with Grantor's work
where said contamination is determined to arise out of or result from Grantee's use of
the Easement Area.
D. For the purposes of this Section 8 (Environmental Requirements), "Costs" shall
include, but not be limited to, all response costs, disposal fees, investigatory costs,
monitoring costs, civil or criminal penalties, and attorney fees and other litigation
costs incurred in complying with the Environmental Laws, or any of them.
E. Grantee agrees to defend, indemnify and hold Grantor harmless from and against any
and all claims, causes of action, administrative proceedings, obligations, demands and
liability including, but not limited to, any Costs, liabilities, damages, expenses,
assessments, penalties (whether civil or criminal), fines, losses, judgments and
attorneys' fees associated with the removal or remediation of any Hazardous
Substances released or otherwise located on the Easement Area as a result of
Grantee's acts or omissions on the Easement Area or as a direct result of Grantee's
Page 7 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 7/21
317/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-8 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
exercise of its rights under this Easement, including but not limited to Hazardous
Substances that may have migrated from the Easement Area through water or soil to
other properties. Grantee further agrees to defend, indemnify and hold Grantor
harmless from any and all liability arising from Grantee's offsite disposal, handling,
treatment, storage, or transportation of any Hazardous Substances removed from the
Easement Area by or on behalf of Grantee. Grantee expressly waives and releases its
right to seek cleanup contribution or any other form of recovery from Grantor under
MICA (RCW 70A.305) and CERCLA (42 U.S.C. 9601 et seq.), but only to the extent
arising out of or relating to Grantee's activities on the Property or otherwise in
connection with the Easement Area, the Improvements, or any of them.
F. The provisions of this Section 8 (Environmental Requirements) shall survive the
termination of this Easement. This Section 8 is the exclusive provision of this
Easement regarding Hazardous Substances and environmental obligations relating to
the Easement, and the exclusive contractual rights and duties of Grantor and Grantee
pertaining thereto.
9. Indemnity. Grantee shall protect, defend, indemnify and hold Grantor and its officials,
officers and employees harmless (except to the extent caused by the negligence of Grantor
or any such official, officer or employee acting within the scope of such person's
employment or office) from and against any and all claims, demands, losses, liabilities,
damages, expenses and costs (including reasonable attorney's fees and costs) of every
kind and description and for any personal injury or loss to or damage or destruction of
property suffered by Grantor arising out of the exercise of its rights granted under this
Easement by Grantee or Grantee's officers, employees, agents, consultants, contractors or
subcontractors of all tiers or any of their respective officers, employees or agents. The
foregoing indemnification is specifically and expressly intended to include, but is not
limited to, all claims against Grantor by an employee or former employee of Grantee or its
consultants, contractors and subcontractors; and Grantee expressly waives, as respect
Grantor only, all immunity and limitation on liability under any industrial insurance act
including Title 51 RCW, to the extent necessary to provide Grantor with a complete
indemnity for the actions of Grantee's officers, agents, employees, consultants,
contractors, subcontractors or any of their respective officers, agents or employees. This
indemnification has been the subject of specific negotiation between the Parties and this
indemnification shall survive the termination of this Easement.
10. Insurance. During the term of this Easement, Grantee must maintain commercial
general liability insurance with reasonable limits of liability covering Grantee, its agents,
contractors, subcontractors of all tiers, and permittees as to the exercise of Grantee's
rights under this Easement within the Easement Area. Grantee must provide Grantor, on
request, certificates of insurance evidencing such coverage. Grantee may provide the
coverage required herein under blanket policies provided that the coverage is not
diminished as a result.
Page 8 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParceIId&quickSearchSelection=# 8/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-9 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
11. General Terms and Conditions.
A. The captions and paragraph headings contained in this Agreement are for convenience
and reference only and in no way define, describe, extend or limit the scope or intent
of this Easement nor the intent of any provision hereof.
B. Grantee may not assign this Easement without Grantor's prior written consent, which
consent may be withheld by Grantor in its sole and absolute discretion.
C. This Easement constitutes the entire agreement of the Parties with respect to the
subject matter hereto. There are no other verbal or written agreements between the
Parties regarding the subject matter herein. This Easement cannot be amended except
by an instrument in writing signed by the Parties hereto.
D. If any term of this Easement is to any extent illegal, otherwise invalid, or incapable of
being enforced, such term shall be excluded to the extent of such invalidity or
unenforceability; all other terms hereof shall remain in full force and effect; and, to the
extent permitted and possible, the invalid or unenforceable term shall be deemed
replaced by a term that is valid and enforceable and that comes closest to expressing
the intention of such invalid or unenforceable term.
E. This Easement shall be governed by and construed and enforced in accordance with
the laws of the State of Washington without regard to its choice of law rules or
conflicts of law provisions, and venue shall lie exclusively in King County Superior
Court in Seattle, Washington. The Parties each waive their respective right to file suit
elsewhere or in any other court.
F. In the event either party employs an attorney to enforce any of the provisions of this
Agreement via litigation, mediation, or arbitration, then the prevailing party shall be
entitled to recover its costs and reasonable attorneys' fees in connection with such
action.
G. Time is of the essence in the performance of this Agreement.
H. This Easement may be executed in counterparts each of which is an original and all of
which shall constitute but one original.
I. This Easement creates no right, duty, privilege, obligation, cause of action, or any
other interest in any person or entity not a party to it.
J. Nothing contained in this Easement shall be considered or interpreted to diminish the
governmental or police powers of King County or the City of Kent.
Page 9 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 9/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-10 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
K. Any terms or provisions of this Easement pertaining to rights, duties or obligations
extending beyond the termination of this Easement, and all outstanding or remaining
obligations accrued prior to the termination of this Easement, shall survive the
termination of the Term of this Easement.
L. The Parties hereby acknowledge and agree that:
i. Each Party hereto is of equal bargaining strength;
ii. Each Party has actively participated in the drafting, preparation and negotiation
of this Easement;
iii. Each Party has consulted with its legal counsel and such other professional
advisors as such Party has deemed appropriate, or had the opportunity to do so
in reflation to any and all matters contemplated under this Easement;
iv. Each Party and its counsel and advisors have reviewed this Easement, or had
the opportunity to do so;
V. Each Party has agreed to enter into this Easement following such review and
the rendering of such advice; and
vi. Any rule of construction to the effect that ambiguities are to be resolved against
the drafting parties shall not apply in the interpretation of this Easement, or any
portion hereof, or any amendments hereto.
M. Grantee shall complete and submit any Real Estate Excise Tax Affidavit required in
connection with this Easement and shall pay any Real Estate Excise Tax and related
fees due upon this transaction. Upon review and approval, such approval not to be
unreasonably withheld, Grantor shall sign and return to Grantee the completed Real
Estate Excise Tax Affidavit.
N. Grantee shall pay all closing costs and other third -party transactional costs in
connection with the granting of this Easement.
12. Notice.
Any notice permitted or required to be given by either Party to this Easement shall be given in
writing and may be effected by certified United States mail, with return receipt requested,
properly addressed, postage prepaid, or by reputable overnight delivery service, or by
personal delivery, as follows:
If to Grantor„
King County
Page 10 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 10/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-11 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
Department of Natural Resources and Parks
King Street Center
201 S Jackson St Rm 5700
Seattle, WA 98104-3855
If to Grantee:
City of Kent.
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
And to:
City of Kent
Attn: Property Management
400 West Gowe Street
Kent, WA 98032
or to such other address or to such other person's attention of which notice was given in
accordance with this Section 12. Notice shall be deemed effective three (3) days after mailing
or upon delivery as described above.
13. Breach; Remedies for Default.
A. Default by Grantee. A material default under this Easement by Grantee shall include,
without limitation, the occurrence of any one or more of the following events:
i. Grantee shall have failed to pay any payment required hereunder within ten (10)
business days following the date where such failure shall continue for a period of
an additional ten (10) business days after written notice from Grantor; or
ii. Grantee shall have failed to perform any other obligation required hereunder where
such failure shall continue for a period of thirty (30) days after written notice from
Grantor, provided such 30-day period shall be extended to the extent reasonably
necessary to complete such cure so long as Grantee diligently and continuously
attempts to do so;
iii. Any of the following occur:
a. Grantee makes a general assignment or general arrangement for the benefit of
creditors;
b. A petition for adjudication of bankruptcy or for reorganization or
rearrangement is filed by Grantee (unless within sixty (60) days following the
Page 11 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 11 /21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-12 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
date that a proceeding is filed under the bankruptcy code the bankruptcy
trustee or the Grantee as debtor in possession has (i) elected to assume this
Easement; (ii) cured all defaults under this Easement and paid all sums due and
owing under this Easement; and (iii) provided Grantor with adequate assurance
that the bankruptcy trustee and/or the Grantee has and will continue to have
sufficient unencumbered assets after payment of all secured obligations and
administrative expenses to assure Grantor that the bankruptcy trustee and/or
Grantee will have sufficient funds and/or income to fulfill the obligations of
Grantee under this Easement);
c. A petition for adjudication of bankruptcy or for reorganization or
rearrangement is filed against Grantee and is not dismissed within sixty (60)
days;
d. A trustee or receiver is appointed to take possession of all or substantially all
of Grantee's assets; or
e. Substantially all of Grantee's assets or Grantee's interest under this Easement
is subjected to attachment, execution or other judicial seizure which is not
discharged within sixty (60) days.
B. Default by Grantor. A material default under this Easement by Grantor shall include,
without limitation, the occurrence of any one or more of the following events:
i. Grantor shall have failed to perform any obligation required hereunder where such
failure shall continue for a period of thirty (30) days after written notice from
Grantee, provided such 30-day period shall be extended to the extent reasonably
necessary to complete such cure so long as Grantor diligently and continuously
attempts to do so;
ii. Any of the following occur:
a. Grantor makes a general assignment or general arrangement for the benefit of
creditors;
b. A petition for adjudication of bankruptcy or for reorganization or
rearrangement is filed by Grantor (unless within sixty (60) days following the
date that a proceeding is filed under the bankruptcy code the bankruptcy
trustee or the Grantor as debtor in possession has (i) elected to assume this
Easement; (ii) cured all defaults under this Easement and paid all sums due and
owing under this Easement; and (iii) provided Grantee with adequate assurance
that the bankruptcy trustee and/or the Grantor has and will continue to have
sufficient unencumbered assets after payment of all secured obligations and
administrative expenses to assure Grantee that the bankruptcy trustee and/or
Grantor will have sufficient funds and/or income to fulfill the obligations of
Grantor under this Easement);
Page 12 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 12/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-13 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
c. A petition for adjudication of bankruptcy or for reorganization or
rearrangement is filed against Grantor and is not dismissed within sixty (60)
days;
d. A trustee or receiver is appointed to take possession of all or substantially all
of Grantor's assets; or
e. Substantially all of Grantor's assets or Grantor's interest under this Easement
is subjected to attachment, execution or other judicial seizure which is not
discharged within sixty (60) days.
C. Remedies. All remedies under this Easement are cumulative and shall be deemed
additional to any and all other remedies to which either Party may be entitled in law or
in equity. In the event of any violation or breach or threatened violation or breach of
any provision of this Easement, the non -breaching or non -defaulting Party shall, in
addition to all other remedies under this Easement or at law or at equity, have the right
to specifically enforce the terms of this Easement. Notwithstanding anything in this
Easement to the contrary, if Grantee seeks damages for Grantor's breach of this
Easement then Grantee shall have the right to recover only its actual damages which
arise from or are incurred by reason of such default or negligent acts or omissions of
Grantor, and Grantee hereby waives, to the maximum extent permitted by law, any
right it may have to claim or recover from Grantor any special, indirect, incidental,
consequential or punitive damages of any kind or nature, even if Grantee has been
advised of the possibility of such damages. In the event of a default by Grantee under
this Easement that has not been cured by Grantee within the applicable cure period
provided above, Grantor may terminate this Easement if such default remains uncured
for thirty (30) days after a notice of such termination has been delivered by Grantor to
Grantee.
14. Exhibits.
The following Exhibits are attached to this Easement and incorporated by this reference as if
fully set forth herein.
A. Legal Description of Property
B. Description and Illustration of the Easement Area
15. Authority to Execute.
The undersigned acknowledges that they are authorized to execute this Easement and bind
their respective Party to the obligations set forth herein.
Page 13 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 13/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-14 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
IN WITNESS WHEREOF, Grantor and Grantee hereby execute this Easement as of the day
and year below written.
Page 14 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 14/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-15 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
1 1 1
Grantor: King County
DocuSigneli by.
By�.
7CA0690F9D76420...
Its: Director, Facilities Management Division
DATE: 1/26/2023
DocuSigned by:
� �wlpsow
Approved as to Form
Legal Counsel for King County
STATE OF WASHINGTON}
}SS
COUNTY OF KING }
I certify that I know or have satisfactory evidence that Anthony Wright __ and
(is/are) the person(s) who appeared before me, and said person(s)
acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she is /they are)
authorized to execute the instrument and acknowledged it as the Director, Facilities Management Division
and _ _ of K, County
to be the free_ and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated: 1/26/2023 Docusignedby: STEVE RIZIKA
Signature:Y -^= _- NOTARY PUBLIC
Notary Public in and for _ 2aF5W`4i>§hington STATE OF WASHINGTON
Not rintname : Steve Ft,z,ka Commission #178995
(P ) Steve — i - -� -� My Comm. Expires 5/30/2023
Residing at: Mer._Is7acd yya
My appointment expires: ___ 05/30/2023
CITY OF KENT SIGNATURE AND ACKNOWLEDGEMENT APPEARS ON
FOLLOWING PAGE
Page 15 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 15/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-16 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
CITY OF KENT SIGNATURE AND ACKNOWLEDGEMENT
GRANTEE: City of Kent
i
Its:
Diu
— lcr�
Approve as to Form
Legal Counsel for City of Kent
STATE OF WASHING'TON)
}SS
COUNTY OF KING }
I certify that I know or have satin rY evidence that "nj j i ,..-,,,. and
(i ) the person(s) who appeared before m , and said person(s)
acknowledged that (he/she/they) si ed this instrument, on oath stated that (he is/she is /they are)
authorized to execute the instrument and acknowledged it as the_
and _ of VP
to be the free and voluntary act of such party for the uses and purposes menti6ded in this instnlment.
,�ft
Dated: hi t'" %20
Signature:
Notary Public in and for the State
Notary (print name):
Residing at:
My appointment expires: __J15%
Page 16 of 21
FD At�ZPli
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 16/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-17 of 21
Record Datc:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID- 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
Exhibit A
Legal Description of the Property
rV., VU��
Parcel A of City of Auburn Boundary Line Adjustment No. BLA 17-0014, recorded under
Recording Number 20180719900022, records of King County, Washington.
APN: 000420-0018
FO.TUTSIAM
Government Lot 6 in Section 30, Township 22 North, Range 5 East, W.M, in King County,
Washington; also
That portion of the following described lands lying between the line of ordinary high water of
the Green River and a line drawn concentric with and 150 feet distant Westerly of the top of
the left bank of the Green River (said line being later established and described in Mutual
Boundary Agreement and Deed recorded under recording no. 8110150749):
Government Lots 7, 8 and 9 in Section 30, Township 22 North Range 5 East, W.M., in King
County, Washington; and
Government Lots 5 and 6 in Section 31, Township 22 North, Range 5 East, W.M., in King
County, Washington.
APN: 302205-9054
Those portions of Government Lots 10 and 11 in Section 31, Township 22 North.,
Range 5 East, W.M., in King County, Washington, lying Westerly of the Green River
Road and lying Easterly of the Green River;
TOGETHER WITH Government Lot 9 in said Section 31, Township 22 North, Range
5 East, W.M., in King County, Washington; EXCEPT that portion thereof described
as follows:
Beginning at the Northeast comer of said Government Lot; Thence West along the
North line thereof to the Easterly margin of the Green River Road; Thence
Southeasterly along said Easterly margin to its intersection with the East line of said
Government Lot; Thence North along said East line to the Point of Beginning; and
Page 17 of 21
https:llrecordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 17/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-18 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
EXCEPT County Road
APN: 312205-9011
Page 18 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 18/21
3/7/23, 12:35 PM Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-19 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
Exhibit B
Description and Illustration of Easement Area
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 31, AS DEPICTED IN
THAT CERTAIN RECORD OF SURVEY ON FILE WITH KING COUNTY IN VOLUME 180 OF
SURVEYS, PAGES 81 THROUGH 87, UNDER RECORDING NUMBER 20041214900004:
THENCE N02030'43'E, ALONG THE EAST LINE OF SAID SUBDIVISION, 1125.91 FEET:
THENCE N87'29'17"W 378.98 FEET TO THE MOST EASTERLY CORNER OF THAT CERTAIN
PROPERTY LEASED FROM THE DEPARTMENT OF NATURAL RESOURCES, AS
ORIGINALLY DEPICTED ON THAT CERTAIN DOCUMENT RECORDED UNDER KING
COUNTY RECORDING NUMBER 9804299002 AND FURTHER DEPICTED ON THE
AFOREMENTIONED RECORD OF SURVEY, SAID POINT BEING HEREINAFTER REFERRED
TO AS "POINT A" AND THE TRUE POINTOF BEGINNING; THENCE N42'59'32'W, ALONG
THE NORTHEAST LINE OF SAID LEASED PROPERTY, 109.13 FEET TO THE MOST
NORTHERLY CORNER THEREOF; THENCE N78'29'19"E 35 FEET, MORE OR LESS, TO THE
SOUTHWESTERLY RIGHT OF WAY M,1NR TIN OF THE: GREEN RIVER ROADTHENCE
SOUTHEASTERLY, ALONG SAID MARGIN, TO A POINT WHICH BEARS N7&'29`I9rF FROM
AFORESAID'POINT A'; THENCE $78'29'19"W 36 FEET, MORE OR LESS, TO SAID "POINT
A' AND THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF SAID SUBDIVISION DESCRIBED AS (FOLLOWS
COMMENCING AT AFORESAID'POINT A`; THENCE S79"62'03"W, ALONG THE SOUTHEAST
LINE OF SAID LEASED PROPERTY, 98 00 FEET TO THE MOST SOUTHERLY CORNER
THEREOF; THENCE N47'38'21 "W, ALONG THE SOUTHWEST LINE OF SAID LEASED
PROPERTY, 113,31 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE
S83`35'45"W 85.30 FEET; THENCE N46"28'33"W 220,89 FEET TO THE TRUE POINT OF
BEGINNING; THENCE S46'26'33"E 229.89 FEET THENCE N83'36'45"E 85.36 FEET,
THENCE 547°38'21"E 118.31 FEET; THENCE S83°35'45'W 88 85 FEET; THENCE
S46'26'33"E 92.75 FEET; THENCE 943`33'27'VV 123.00 FEET TO THE SOUTHWEST LINE OF
THAT CERTAIN TRACT OF LAND OWNED BY KING COUNTY KNOWN AS TAIL PARCEL
00-004200018; THENCE N46126'33"W, ALONG SAID SOUTHWEST LINE AND THE
SOUTHWEST LINE OF THAT CERTAIN TRACT OF LAND OWNED BY KING COUNTY
KNOWN AS TAX PARCEL #3022069054. A DISTANCE OF 459.86 FEET; THENCE
N43`33'27"E 182 FEET, MORE OR LESS, TO THE ORDINARY HIGH WATER MARK OF THE
GREEN RIVER; THENCE SOUTHEASTERLY, ALONG SAID ORDINARY HIGH WATER MARK.
TO A POINT THAT BEARS N43'33'27"E FROM THE TRUE POINT OF BEGINNING; THENCE
S43033'27'W 59 FEET, MORE OR LESS. TO THE TRUE POINT OF BEGINNING.
AND TOGETHER WITH THAT PORTION OF SAID SUBDIVISION DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 31, AS DEPICTED IN
THAT CERTAIN RECORD OF SURVEY ON FILE WITH ICING COUNTY IN VOLUME 180 OF
SURVEYS, PAGES 81 THROUGH 87, UNDER RECORDING NUMBER 20041214900004:
THENCE NO2'30"43°E, ALONG THE EAST LINE OF SAID SUBDIVISION, 1016,10 FEET;
THENCE S70°40'48"W 250.56 FEET TO THE MOST EASTERLY CORNER OF THAT CERTAIN
PROPERTY LEASED FROM THE DEPARTMENT OF NATURAL RESOURCES, AS
ORIGINALLY DEPICTED ON THAT CERTAIN DOCUMENT RECORDED UNDER KING
COUNTY RECORDING NUMBER 9B04299002 AND FURTHER DEPICTED ON THE
AFOREMENTIONED RECORD OF SURVEY, SAID POINT BEING HEREINAFTER REFERRED
Page 19 of 21
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 19/21
3/7/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-20 of 21
Record Datc:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID- 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
TO AS'POINT WAND THE TRUE POINT OF 82GINNING; THENCE N23-1 9'12-W, ALONG
THE NORTHEAST LINE OF SAID LEASED PROPERTY, 20.05 FEET TO THE MOST
NORTHERLY CORNER THEREOF; THENCE N70040'40"E 35 FEET, MORE OR LESS, TO THE
SOUTHWESTERLY RIGHT OF WAY MARGIN OF THE GREEN RIVER ROAD; THENCE
SOUTHEASTERLY, ALONG SAID MARGIN, TO A POINT WHICH BEARS N70040'48'E FROM
AFORESAID'POINT B'% THENCE 870'40'48"W 36 FEET. MORE OR LESS, TO SAID'POINT
B" AND THE TRUE POINT OF BEGINNING,
COMMENCING AT AFORESAID "POINT W - THENCE S70"40'48'W, ALONG THE SOUTHEAST
LINE OF SAID LEASED PROPERTY, 82.31 FEET TO THE MOST SOUTHERLY CORNER
THEREOF AND THE TRUE POINT OF BEGINNING; THENCE N1 5'35'32"W, ALONG THE
SOUTHWEST LINE OF SAID LEASED PROPERTY, 20.04 FEET TO THE MOST WESTERLY
CORNER THEREOF, THENCE S70*40'49'W 60.73 FEET; THENCE S19'19'12'E 20.00 FEET;
THENCE N70040'48"E 59 43 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 70,621 SQUARE FEET, MORE OR LESS -
Page 20 of 21
https:llrecordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParcelld&quickSearchSelection=# 20/21
317/23, 12:35 PM
Landmark Web Official Records Search
Instrument Number: 20230202000641 Document:EAS Rec: $223.50 Page-21 of 21
Record Date:2/2/2023 3:50 PM King County, WA
DocuSign Envelope ID: 5CF78C3E-6721-419A-A435-2D2DBDB4BDAF
I
Link Table
Line #
Length
Direction
L1
'109.13'
N42°5T32'W
L2
35'+1-
N78129119"E
L3
36' +1-
S78129119"W
L4
98,00'
S79'52'03"W
L5
ItB.3V
N47'38'21"t1V
L6
85.36'
S83"35'45"W
L7
88.8&
883'35'45"W
LB
92.75'
S46'26'33"E
L9
20.05'
N23'19'12"W
L'l0
35' +/-
N70'40'48"E
L'I1
35'+/-
S70'40'48'W
L12
82.31'
S70'4948"W
L-13
20.04'
N15°35'32"W
L14
6U&
S70"40'48"W
L15
20.00'
819°19"17E
L16
59.43'
N70'40'48"E
L17
59' +1-
S43'33'27"W
IMPORTANT:
THIS IS NOT A SURVEY. tT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
31 32
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
,
g. 277TH ST
PARCEL
PARCEL
#0004200018
Project # 277TH BRIDGE
PORTION OF THE NE 114
OF SEC 31. TOWNSHIP 22 N.
RANGE 05 E. I&M
Page 21 of 21
OF KENT
lilt
r
7"29'17"W
376.98'
+u
910
5
1
32
EASEMENT AREA
EXHIMI,
https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaParceI Id&quickSearchSelection=# 21 /21