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HomeMy WebLinkAboutCAG2023-164 - Original - Garrison Creek Property, LLC - S 218th St/98th Ave S Temporary Construction Easement (TCE) - 08/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Cheryl Rolcik-Wilcox Public Works Date Sent: Date Required: > 03/14/2023 03/21/2023 QAuthorized to Sign: Date of Council Approval: Q �✓ Mayor or Designee 7/6/2021 Budget Account Number: Grant? Yes NoF-] Budget? Yes Type: N/A Vendor Name: Category: Garrison Creek Property LLC Contract Vendor Number: Sub-Category: Original 0 Project Name: S. 218th St./98th Ave. S. (from 94th PI. S. to S. 216th St.) 3- Project Details: 0 Temporary Construction Easement c c Agreement $2,200,QQ Basis for Selection of Contractor: E *Memo to Mayor must be attached i Start Date: Termination Date: a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓❑No CAG2023-164 Comments: Mayor Ralph - Please sign the approval for the attached Temporary Construction Easement on the 3rd page of the packet (2nd page of the c TICE). Thx! Cheryl R-W 3 0 a Date Received:City Attorney: 3/14/23 Date Routed:Mayor's Office 3/15/23 fty Clerk's Office 3/17/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 3131/23,2:17 PM Landmark Web Official Records Search Instrument Number:20230324000508 Document:EAS Rec:$207.50 Page-1 of 5 Record Datc:3/24/202312:25 PM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY APRIL BRANHAM,DEPUTY After recording return document to: City Clerk City of Kent 220 0 Avenue South Kent, WA 98032 Document Title: Temporary Easement Reference Number of Related Document:N/A Grantor(s): Garrison Creek Property"LLC",which acquired title as Garrison Creek Property L.L.C.,a Washington limited liability company Grantee(s): City of Kent Legal Description: Ptn.Lot 2,Kent SP-96-13,Rec.No.9609180827 Additional Legal Description is on Exhibit A of Document. Assessor's Tax Parcel Number:880240-0025 TEMPORARY EASEMENT KEN-50 South 2181h Street/981h Avenue South from 94th Place South to South 216th Street Project The Grantor(s),Garrison Creek Property"LLC",which acquired title as Garrison Creek Property L.L.C.,a Washington limited liability company,for and in consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of Kent, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain,the right,privilege and easement over, upon,through and across the hereinafter described lands for the purpose of widening South 218th Street and 98th Avenue South (from 94th PL S to 99th Ave S) to three lanes and including paving, concrete curbs & gutters,sidewalks,paved shoulders,street lighting,storm drainage,sanitary sewer,water mains replacement,landscaping,and channelization.This project will also include undergrounding all the overhead utilities to a Joint Utility Trench. Said lands being situated in King County,State of Washington,and described in Exhibit A and depicted in Exhibit 13, attached hereto and made a part hereof. FA No. LPA-325 Page 1 of(3)Pages Parcel Number:880240-0025 Rev.5/2021 I i https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIId&quickSearchSelection=# 1/5 3/31/23,2:17 PM Landmark Web Official Records Search Instrument Number:20230324000508 Document:EAS Rec: $207.50 Page-2 of 5 Record Date:3/24/202312:25 PM King County,WA TEMPORARY EASEMENT The term of this Temporary Easement shall commence on the date of acceptance of this Temporary Easement by Grantee and shall terminate on October 31, 2024, hereinafter the "Term". Provided. however,that Grantee's use and occupancy of the easement area is limited to between August 1,2023 and October 31,2024. It is further agreed that this Temporary Easement may be extended by up to six months at the Grantee's option. The rate associated with this extension shall be at the same rate as the original Temporary Easement, or at the newly established rate determined by an updated administrative offer; whichever is higher. Grantee shall notify Grantor in writing prior to exercising this option. Grantee shall provide Grantor written notice no less than three days in advance of Grantee's intent to exercise its rights under this Temporary Easement. It is understood and agreed that delivery of this temporary easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Kent unless and until accepted and approved hereon in writing for the City of Kent,by its authorized agent. Dated: 3/14 90'd-3 Grantor: PritOName: Accepted and Approved City of Kent By. Dana Ralph Mayor Date: 03/16/2023 LPA-325 Page 2 of(3)Pages Rev.5/2021 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIId&quickSearchSelection=# 2/5 3/31/23,2:17 PM Landmark Web Official Records Search Instrument Number:20230324000508 Document:EAS Rec: $207.50 Page-3 of 5 Record Date:3/24/2023 12:25 PM King County,WA TEMPORARY EASEMENT STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that jom—_' 6ei pni&)is the person who appeared before me,and said person acknowledged that he/she signed this instrument and state that he/shZewas authoriz d to execute the instrument and acknowledge it as the c &v-e_cv-tof­f8 t Garrison Creek Property LLC,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 3)I'l 1010')� -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. It, 0 X (Printed&ame dwr(41 R_0lCfV--UjilC0'y- Ca +07A,,�, r NOTARY PUBLIC,in and for the State 1 195978 of Washington,residing at � 1,1,j My appointment expires I I q-9-6, ijtt�Y 0 LPA-325 Page 3 of(3)Pages Rev.512021 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIId&quickSearchSelection=# 3/5 3/31/23,2:17 PM Landmark Web Official Records Search Instrument Number:20230324000508 Document:EAS Rec: $207.50 Page-4 of 5 Record Date:3/24/2023 12:25 PM King County,WA EXHIBIT,-,.,A TAX LOT8802400025 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 2, CI-fY OF KENT SHORT PLAT NUMBER SP-96-13, RECORDED UNDER RECORDING NUMBER 9609180827, RECORDS OF KING COUNTY, WASHINGTON, IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE EAST LINE THEREOF, S1°04'34"W 20.50 FEET TO THE POINT OF BEGINNING; 'THENCE S89057'07"W 40.01 FEET; THENCE N1104'34"E 1D.00 FEET AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. 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