HomeMy WebLinkAboutCAG2023-253 - Original - Charisse & Toure' Sam - Subterranean & Temporary Construction Easements - 04/21/2023 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:
0 04/11/2023 04/18/23
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee 7/6/2021
Budget Account Number: Grant? Yes No�✓
Budget? Yes Type: N/A
Vendor Name: Category:
Charisse Sam and Toure' Sam Other
Vendor Number: Sub-Category:
Other
0
Project Name: S. 218th St./98th Ave. S. (from 94th PI. S. to S. 216th St.)
cProject Details: Subterranean Easement and Temporary Construction Easement
c
c
� Agreement Amount: $17 300.00
Basis for Selection of Contractor:
GJ
r *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) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2023-253
Comments:
Mayor Ralph - Please sign the approval for the attached Subterranean
Easement (5th page of this packet) and Temporary Construction Easement
c (9th page of this packet). Thx! Cheryl R-W
3 0
a
Date Received:City Attorney: 4/12/23 Date Routed:Mayor's Office 4/16/23 fty Clerk's Office 4/21/23
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
6/5/23,4:24 PM Landmark Web Official Records Search
Instrument Number:20230425000437 Document:EAS Rec:$208.50 Page-1 of 6
Record Date:4/25/2023 2:10 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY AL VASSER,DEPUTY
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Charisse Sam and Toure Sam
Grantee: City of Kent
Abbreviated Legal Description: Ptn. Lot B, City of Kent SP 94-1, Rec. No.
9502130627
Additional Legal Description on: Exhibit "A"
Assessor's Tax parcel ID No.: 072205-9033 STR: 07-22-05
Project Name: KEN-50 S 2181h St/98th Ave S from 941h PI S to S 216th St.
SUBTERRANEAN EASEMENT
The Grantors, Charisse Sam and Toure Sam, a married couple ("Grantor"), for
and in consideration of Ten Dollars and No/100 ($10.00) and/or other valuable
consideration, receipt of which is hereby acknowledged, grants to City of Kent, a
Washington municipal corporation ("Grantee"), a permanent subterranean easement
("Easement") over, under, through, across and upon the portion of the property
situated in King County, Washington, specifically described in Exhibit "A" and
graphically depicted in Exhibit "B", both of which are attached and incorporated
herein (the "Easement Area"). The Grantor agrees that this easement touches and
concerns the land described in Exhibit A, and that this easement shall run with the
land.
Grantee intends to construct a permanent retaining wall ("Wall") utilizing an
earth shoring system. This would require soil reinforcement within the Easement Area
by drilling and inserting tiebacks ("Tiebacks"); or by excavation and installation of
soil reinforcing grids. The subterranean easement includes a "no dig" area through
and under the portion of the Property needed to support the Wall to prevent any
digging in the Easement Area and preserve the integrity of the Wall's shoring system.
Page 1 of 4
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Instrument Number:20230425000437 Document:EAS Rec: S208.50 Page-2 of 6
Record Date:4/25/2023 2:10 PM King County,WA
Grant. Grantor hereby grants, conveys and warrants to Grantee, subject to
matters of record, a nonexclusive subterranean easement over, under, through,
across, and upon the Easement Area. This Easement touches and concerns the land
described in Exhibit A and runs with the land for the purposes of (1) drilling,
excavating, installing, constructing, and maintaining the shoring system in
connection with the construction of a retaining wall, and (2) preventing the erection
of any structures on, digging or excavation in the Easement Area.
Construction. Grantee shall ensure that the drilling, excavation, installation,
construction, and maintenance of the shoring system shall not damage the property
or any improvements, outside of the Easement Area. Grantee shall restore, as
practicable, the Easement Area to as or better than the condition of the Easement
Area prior to entering the Easement Area. Prior to any drilling, excavation,
construction, and installation of the shoring system, Grantee shall immediately
provide to Grantor any information obtained by Grantee regarding any underground
storage tanks, unstable fill material, gravel substratum, utility facilities and other
underground improvements within the property.
Grantee's Oblations. Grantee agrees to retain, at its sole cost, the services
of a licensed engineer to determine the exact specified locations of the underground
shoring system. These locations shall be identified on drawings provided to Grantor
before construction. Grantee shall provide to Grantor, upon completion of the shoring
system and retaining wall, detailed as-built drawings showing the locations (including
elevations) and dimensions of all Tiebacks or reinforcing grids, and other
underground improvements that have been installed by Grantee within the Easement
Area.
Reservation of Rights.. Grantor reserves for itself and its successors and
assigns the right to use the Easement Area and the remainder of subject property for
any lawful use not inconsistent with the Easement. Grantor shall retain the right to
use the surface of this Easement Area, including the immediately adjacent incidental
areas, so long as that use is not inconsistent with the purposes of the Easement and
does not interfere with the Grantee's uses as described in this document. Under no
circumstances shall Grantor and its successors conduct any digging or excavation in
the Easement Area without prior express written approval of Grantee.
Indemnity. Grantee accepts the Easement Area in its present physical
condition, AS I5. 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 on account of or out of the negligent exercise
by Grantee, its servants, agents, employees and contractors of the rights granted in
this Easement.
ftlding Effect. This Easement and its terms and conditions set forth herein
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.
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Instrument Number:20230425000437 Document:EAS Rec: $208.50 Page-3 of 6
Record Date:4/25/2023 2:10 PM King County,WA
GRANTOR:
s�
Name: Charisse Sam Name: Toure Sam
Date: 4'�It�� Date: 'q1 11 7- 5 _
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Charisse Sarre is the
person who appeared before me, and said person acknowledged that she signed this
instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated:'i
-Notary Seal Must Appear-Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and years" "% ve written.
�6LCAK fit
(Signature)
5�' �l��7� NOTARY PUBLIC, in and for the State
�,'>�® �� ,� 0 of Washington, residing at -W -V-
®®i My appointment expires !� / '
OF
Additional notary acknowledgment on following page
Page 3 of 4
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Instrument Number:20230425000437 Document:EAS Rec: $208.50 Page-4 of 6
Record Date:4/25/2023 2:10 PM King County,WA
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Toure warn is the person
who appeared before me, and said person acknowledged that he signed this instrument
and acknowledged it to be his free and voluntary act 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 f above written.
A'°®s NOTARY PUBLIC, in and for the State
C'fo�tq�rA4�� �o
of Washington, residing at & ,U✓ ?-
s My appointment expires (+- q
ACCEPTED:
CITY OF KENT
By: _Dana Ralph -
Title: Mayor
Date: 04/21/2023
Page 4 of 4
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Instrument Number:20230425000437 Document:EAS Rec: $208.50 Page-5 of 6
Record Date:4/25/2023 2:10 PM King County,WA
EXHIBIT,
TAX LOT 0722059033
EASEMENT
THAT PORTION OF LOT B, CITY OF KENT SHORT PLAT NUMBER 94-1, RECORDED
UNDER. RECORDING NUMBER 9502130627, RECORDS OF KING COUNTY,
WASHINGTON, IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY
OF KENT, IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE
FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT B, SAID POINT LYING
N1007'47"E 4.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE
PARALLEL WITH THE SOUTH LINE OF SAID LOT B, S89057'07"W 33.16 FEET TO
THE EAST LINE OF AN EASEMENT, DEDICATED TO THE CITY OF KENT UNDER
RECORDING NUMBER 9411071528, RECORDS OF KING COUNTY, WASHINGTON
AND THE TERMINUS OF THE HEREIN DESCRIBED LINE.
CONTAINING 132 SQUARE FEET, MORE OR LESS.
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4 6 mar. s
`*45..
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Instrument Number:20230425000437 Document:EAS Rec: $208.50 Page-6 of 6
Record Date:4/25/2023 2:10 PM King County,WA
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Instrument Number:20230425000433 Document:EAS Rec:$207.50 Page-1 of 5
Record Date:4/25/2023 2:10 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY AL VASSER,DEPUTY
After recording return document to:
City Clerk
City of Kent
220 41h Avenue South
Kent, WA 98032
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor(s): Charisse Sam and Toure Sam,a married couple
Grantee(s): City of Kent
Legal Description: Ptn. Lot B,City of Kent SP 94-1,Rec.No.9502130627
Additional Legal Description is on Exhibit A of Document.
Assessor's Tax Parcel Number: 072205-9033
TEMPORARY EASEMENT
KEN-50 South 218`h Street/98`h Avenue South from 90 Place South to South 2161h Street
Project
The Grantor(s), Charisse Sam and Tour Sam, a married couple, 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 B,attached hereto and made a part hereof.
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
PA No.
LPA-325 Page I of Pages Parcel Number:072205-9033
Rev.5/2021
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Instrument Number:20230425000433 Document:EAS Rec: $207.50 Page-2 of 5
Record Date:4/25/2023 2:10 PM King County,WA
TEMPORARY EASEMENT
"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: t 7-0-3
Grantor:
acj-
Charisse Sam Toure Sam
Accepted and Approved
City of Kent
Dana Ralph
Mayor
Date: 04/21/2023
Notary acknowledgments on following page
LPA-325 Page 2 of(3)Pages
Rev.5/2021
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Instrument Number:20230425000433 Document:EAS Rec: $207.50 Page-3 of 5
Record Date:4/25/2023 2:10 PM Kin County,WA
..................... ............. . . . .......____.......... ........
TEMPORARY EASEMENT
STATE OF WASHINGTON
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Charisse Sam is the person who
appeared before me,and said person acknowledged that she signed this instrument and
acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: 11 ao 3,a,
—---------
-Notary Seal Must Appear Within This Box-
IN W�k"_ %%4VREOF,I have hereunto set my hand and official seal the day and year first above
wri en.
fiA
(Printed Name) C�iCG41 o(6V_-LVI1C0k
18 R NOTARY PUBLIC,in and for the State
of Washington,residing at
06 g a My appointment expires.
OP
fill,
STATE OF WASHMYI'ON
SS.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Toure Sam is the person who
appeared before me,and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN Wll ,n*M tAVOF,I have hereunto set my hand and official seal the day and year first above
written.* %04X1K. fit
Q, 00M
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4FO 01A4, j� MgA19 ko-4xa�-u-Lt��
fa 'v 'V (PrintedNarne) Cher Al ro1de-1A3ilcoy_
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jq§97 NOTARY PUBLIC,in and for the State
0, of Washington,residing at
11 Oea 1A" My appointment expires
LPA-325 Page 3 of(3)Pages
Rev.5/2021
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Instrument Number:20230425000433 Document:EAS Rec: $207.50 Page-4 of 5
Record Date:4/25/2023 2:10 PM King County,WA
-------------------------- --- - - —----—--�— -._-- __n_
EXHIBIT A
TAX LOT 0722059033
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT B, CITY OF KENT SHORT PLAT NUMBER 94-1, RECORDED
UNDER RECORDING NUMBER 9502130627, RECORDS OF KING COUNTY,
WASHINGTON, IN I-HE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7, -T'OWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY
OF KENT, IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT B; THENCE ALONG THE
WEST LINE THEROF, N1°05'16"E 5.00 FEET TO THE POINT OF BEGINNING;
THENCE N89057'07"E 119.91 FEET; THENCE N1007'47"E 17.00 FEET; THENCE
N89057'07"E 40.01 FEET; THENCE S1007'47"W 12.00 FEET; THENCE N89157'07"E
29.01 FEET TO THE EAST LINE OF SAID LOT B AND THE TERMINUS OF THE HEREIN
DESCRIBED LINE.
CONTAINING 1,770 SQUARE FEET, MORE OR LESS.
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Instrument Number:20230425000433 Document:EAS Rec: $207.50 Page-5 of 5
Record D,ate:4/25/2023 2:10 PM King County,WA
EXHIBIT B
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