HomeMy WebLinkAboutCAG2023-265 - Original - Heirs and Devisees of James Flick Jr & Ellen Flick - Temporary Construction Easement - 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:
c 04/18/2023 04/25/2023
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:
The Heirs and Devisees of James W. Flick Jr.and Ellen L. Flick 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 Amount: $$ 100.00 Basis for Selection of Contractor:
E �� *Memo to Mayormustbe attached .1111
Start Date: $1 /1/2023 Termination Date: 10/31/2024
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 CAG2023-265
Comments:
Mayor Ralph - Please sign the approval for the attached Temporary
Construction Easement (3rd page of this packet). Thx! Cheryl R-W
� c
3 0
N
a
Date Received:City Attorney: 4/18/23 Date Routed:Mayor's Office 4/21/23 -ty Clerk's Office
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
After recording return document to:
City Clerk
City of Kent
220 4ch Avenue South
Kent, WA 98032
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor(s): The Heirs and Devisees of James W. Flick Jr. and Ellen L.Flick, as her
separate estate
Grantee(s): City of Kent
Legal Description: Ptn. S 1/2 NE %NW 1/a SE 1/4, Sec. 7,Twp. 22N Rg. 5E W.M.
Additional Legal Description is on Exhibit A of Document.
Assessor's Tax Parcel Number: 072205-9056
TEMPORARY EASEMENT
KEN-50 South 218th Street/98th Avenue South from 94th Place South to South 216"' Street
Project
The Grantor(s), The Heirs and Devisees of James W. Flick Jr. and Ellen L. Flick, as her
separate estate, 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.
FA No.
LPA-325 Page 1 of(3)Pages Parcel Number:072205-9056
Rev.5/2021
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: �( � I � I ?- d?-1
--r
Grantor:
APrintNa' r o L C��� _ Print Name:presentative for Personal Representative for Ellen L. Flick
the estate of James W. Flick Jr
Accepted and Approved
City of Kent
Dana Ralph
Mayor
Date: 04/21/2023
Notary acknowledgment on following page
LPA-325 Page 2 of(3)Pages
Rev.5/2021
TEMPORARY EASEMENT
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that So e E u iT►l+b is the
person who appeared before me, and said person acknowledged that he signed this instrument
as the legally authorized personal representative for the Estate of James William Flick, Jr. and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: [2 O2.3
-Notary Seal Must Appear Within This Box-
IN WI�N4§S WHEREOF, I have hereunto set my hand and official seal the day and year first above
written. ♦♦`1ET H p&AA►h►/
ems,
A ��'�� (Prin N e) L; e+tA DLA rah
2101T ,"'s NO ARY
9>> PUBLIC,in and for the State
i N
-a ''`eL�o S of Washington,residing at�u wi IA. 1NA
J5 02= My appointment expires 3/ 41
STATE OF WAS )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Mara C1orD5pe. is the
person who appeared before me, and said person acknowledged that she signed this instrument
as the legally authorized personal representative for Ellen L. Flick and acknowledged it to be
her free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: 4/t4/2U23
-Notary Seal Must Appear Within This Box-
I\,,Wl��%fij)HEREOF,I have hereunto set my hand and official seal the day and year first above
written .�` ET H p ill /
S S#Ok r r
v T. (Print e) 1-,Le J6 DLAi(o
y co _ ?101Tg>> y NOT(Print?
PUBLIC,in and for the State
yAi OB��G 2 S of Washington,residing at T �wig WA-
�i F '1,,`14,25 rr 0 t My appointment expires 3/2A /25
'4 WA I,, NAG
LPA-325 ��tt���������� Page 3 of(3)Pages
Rev. 5/2021
EXHIBIT_A
TAX LOT 0722059056
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTH 1/2, SAID POINT
BEING THE INTERSECTION OF A LINE THAT IS 639 FEET EASTERLY OF AND
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF THE EAST HALF OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 7; THENCE ALONG SAID PARALLEL LINE,
N1001'22"E 30.01 FEET TO THE NORTH MARGIN OF SOUTH 218TH STREET AND
THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE,
N1001'22"E 25.00 FEET; THENCE S89157'07"W 5.00 FEET; THENCE S1001'22"W
20.00 FEET; THENCE S89157'07"W 45.01 FEET; THENCE N1001'22"E 20.00 FEET;
THENCE S89057'07"W 36.01 FEET; THENCE S1001'22"W 20.00 FEET; THENCE
S89057'07"W 44.35 FEET TO THE EAST MARGIN OF 94TH PLACE SOUTH; THENCE
ALONG SAID EAST MARGIN, S1005'15"W 5.00 FEET TO THE AFOREMENTIONED
NORTH MARGIN; THENCE ALONG SAID NORTH MARGIN, N89057'07"E 130.37 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1,472 SQUARE FEET, MORE OR LESS.
''• r%L LOP
I I
I
I
I Cl) I PARCEL
J N Oo 7722059056
I 5.00,
I 36.01'
I c 1,472 0 0 0
SQ. FT c
44.35' N N 45.01' N N P.O.B.
5.00'
N � 130.37'
I
o
0
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_ S 218TH ST _
Project#17-3010
P.O.C.
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO TEMPORARY CONSTRUCTION
LOCATE THE LAND INDICATED HEREON PORTION OF EASEMENT
•
WITH REFERENCE TO STREETS AND THE NW 1/4 OF THE SE 1/4
OTHER LAND.NO LIABILITY IS OF SEC 7,TOWNSHIP 22 N, KE T DRAWN BY: GM
ASSUMED BY REASON OF RELIANCE RANGE 5 E,W.M. WA�NINOTON EXHIBIT
HEREON. CITY OF KENT SCALE: 1"=30' B
LAND SURVEY SECTION DATE: 5/24/2022
DURABLE POWER OF ATTORNEY
OF JAMES W. FLICK, JR.
JAMES W. FLICK, JR., as principal, domiciled and residing in the State of Washington,
hereby appoints ELLEN L. FLICK as his agent. If ELLEN L. FLICK should be unable to act,
then JOE A. GUINTO is designated to so act as agent. The agent(s) powers are authorized by
Chapter 11.125 of the Revised Code of Washington and as stated below.
JAMES W. FLICK, JR. revokes any other power of attorney which he may have
previously executed, except any Health Care Power of Attorney.
i Powers: The agent, as a fiduciary, shall have all powers of an absolute owner over the
assF#s anti liabilities of the principal, whether located within or without the State of Washington,
including, without limitation, the power and authority to:
a) Financial Accounts: To open and close any account(s) whether a trust account, retirement
account, IRA account or otherwise and to make deposits to and payments from any such account in a
financial institution in the name of the principal. Open, close, and to enter any safe deposit box to
which the principal has a right of access and deposit or remove property therefrom and add the
attorney-in-fact's name as a signatory with right to entry on any safe deposit box.
b) Health Care: Consent to medical and surgical care and non-treatment for the principal;
consent to the withholding or withdrawal of life-sustaining treatment for the principal; consent
to the admission of the principal to a medical, nursing, residential, or similar facility; and to
enter into agreements for the principal's care. If necessary, to hire professional help and
consultants, and to pay all necessary and reasonable expenses incurred in relation to the broad
authority herein given. This paragraph shall only be applicable if the principal has not
appointed an attorney-in-fact in a Health Care Power of Attorney.
c) Health Information: I specifically authorize any health care professional to disclose
information covered by the Health Insurance Portability and Accountability Act of 1996
(HIPAA)to my attorney in fact or anyone my attorney-in-fact authorizes, as if I had requested
it personally.
d) Decisions.for Children: Pursuant to RCW 11.125.410, to make health care decisions for
any child for whom I am the legal guardian, to be effective if the child has no other parent or
legal representative readily available and authorized to give such consent.
e) Securities: Sell (including short sales), exchange, or otherwise transfer title to the
principal's stocks, bonds, or other securities, whether considered trust assets or not (RCW
11.125.290), to subscribe for and to trade in stocks, bonds, options, rights, and warrants or
other securities, domestic or foreign, whether dollar or non-dollar denominated, or limited
partnership interests or investments and trust units, whether or not in negotiable form, issued
or unissued, foreign exchange, commodities, and contracts relating to same (including
commodity futures) on margin or otherwise for my account and risk; to deliver to my broker
securities for my account and to instruct my broker to deliver securities from my accounts to
my attorney in fact or to others, and in such name and form, including his own, as he or she
may direct; to instruct my broker to make payment of moneys from my accounts with my
Durable Power of Allorney-1
broker, and to receive and direct payment therefrom payable to him or her or others; to sell,
assign, endorse and transfer any stocks,bonds, options, rights and warrants or other securities
of any nature, at any time standing in my name and to execute any documents necessary to
effectuate the foregoing; to receive statements of transactions made for my account(s); to
approve and confirm the same, to receive any and all notices, calls for margin, or other
demands with reference to my accounts; and to make any and all agreements with my broker
with reference thereto for me and in my behalf. My attorney in fact may vote in person, or by
general or limited proxy, with or without power of substitution, with respect to any stock or
other securities I may own.I authorize my attorney in fact to execute on my behalf any powers
of attorney in whatever form which may be required by any stockbroker with whom I have
deposited any securities.
.) Other Real and Personal Property: To list for sale, sell, convey, exchange, or otherwise
transfer or encumber any real or personal property of the principal.
g) Digital Assets: To access,use and control my digital devices, including, but not limited to,
desktops,laptops,peripherals,storage device,mobile telephones,smartphones and any similar
digital device which currently exists or may exist as technology develops or such comparable
items as technology develops for the purpose for accessing, modifying, deleting, controlling
or transferring my digital assets,and to access, modify, delete, control and transfer my digital
assets and electronic communications, including but not limited to,my emails received,email
accounts, digital music, digital photographs, digital videos, software licenses, social network
accounts, file sharing accounts, financial accounts, domain registrations, DNS service
accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate
programs,other online accounts and similar digital items which currently exist or may exist as
technology develops or such comparable items as technology develops.
I consent to the disclosure of all my digital assets I may have, and all electronic
communications I made or received during my lifetime, to my personal representative, and
direct that my digital assets and electronic communications be disclosed and delivered to my
personal representative upon his/her request to the custodian of my digital assets and electronic
communications, even if a terms-of-service agreement I entered into during my lifetime with
the custodian of such assets and communications states otherwise.
h) Disclaim: Disclaim, in whole or in part, any interest in property, including a family
allowance, whether outright, in trust, or otherwise, so long as in the sole discretion of the
attorney-in-fact such disclaimer would not be detrimental to the best interests of the principal,
and would be in the best interests of those interested in the estate of the principal and of those
who take property as a result of any such disclaimer.
i) Taxes: To represent me in all tax matters; to prepare, sign, and file federal, state,and local
income tax, transfer tax, and other tax returns of all kinds, including joint returns, claims for
refunds, requests for extensions of time, petitions to the Tax Court or other courts regarding
tax matters,and any and all other tax-related documents,including,but not limited to,consents
and agreements under Section 2032A of the Internal Revenue Code or any successor section
thereto and consents to split gifts, closing agreements and Form 2848, Form 8821, and any
other power of attorney or form required by the Internal Revenue Service, any state or any
Durable Power of Alrorney-1
local taxing authority with respect to any tax year between the years 2001 and 2030; to pay
taxes due, collect and make such disposition of refunds as my attorney shall deem appropriate,
post bonds, receive confidential information and contest deficiencies determined by the
Internal Revenue Service, any state, or any local taxing authority; to exercise any elections I
may have under federal, state or local tax law; and generally to represent me in all tax matters
and proceedings of all kinds and for all periods between the years 2002 and 2060 before all
officers of the Internal Revenue Service and state and local tax authorities; to engage,
compensate and discharge attorneys, accountants and other tax and financial advisers and
consultants to represent and/or assist me in connection with any and all tax matters involving
or in any way related to me or any property in which I have or may have any interest or
responsibility.
j) Lawsuits: Represent the principal during any and all litigation whatsoever. Represent the
principal during audits, appeals, and lawsuits related to any income or gift tax return filed on
behalf of the principal, and to pay any assessments for interest or penalties levied against the
principal in connection with such tax returns.
k) Transfers: Make transfers of the principal's property, both real and personal, to any trust
created by the principal of which the principal is the beneficiary during the principal's life.
l) Gifts: Make gifts, whether outright or in trust, to the relatives of the principal and the
spouses of any such relatives, in accordance with any pattern of making gifts to such persons
which the principal has established or planned to establish, or in such amounts as the
attorney-in-fact shall determine appropriate so long as such gifts would be in the best interests
of the principal.
m) Transfers and Gifts to Qualms for Medical Assistance: Make transfers of the principal's
property, including but not limited to transfers to the principal's spouse and gifts to the
principal's children, for the purpose of qualifying the principal for governmental medical
assistance to the full extent provided by law should there be a need for medical care; or for the
purpose of preserving for the principal's spouse the maximum amount of property allowed
under applicable law if an application has been made for governmental medical assistance.
Any transfers made pursuant to this paragraph shall not be deemed to be a breach of fiduciary
duty by the attorney-in-fact.
n) Community Property Agreements: Make, amend, alter or revoke any community property
agreement,agreement as to status of property,or other document of similar import entered into
by the principal and the principal's spouse.
o) Petition Court & Power to Sue Third Parties Who Fail to Recognize Power of Attorney:
The attorney in fact is specifically authorized to follow the procedures set forth in RCW 11.125
to petition the court for the purposes set forth therein. Further, if any third party(including but
not limited to stock transfer agents,title insurance companies,banks,credit unions,and savings
and loan associations) with whom the principal's attorney-in-fact seeks to transact refuses to
recognize the attorney-in-fact's authority to act on the principal's behalf pursuant to this Power
of Attorney, the principal authorizes the attorney-in-fact to sue and recover from such third
Durable Power oJAttorney-3
party all resulting damages, costs, expenses, and attorney's fees that are incurred because of
such failure to act. The costs, expenses and attorney's fees incurred in bringing such action
shall be charged against the principal's general assets,to the extent they are not recovered from
said third party. The principal expressly directs the attorney-in-fact to move the principal's
assets from any brokerage,transfer agent or other entity that refuses to recognize the full extent
of powers that the principal intends to convey by this power of attorney.
Except as otherwise provided above,the attorney-in-fact shall not have the power to revoke
or change any estate planning or testamentary documents previously executed by the principal,
unless the document authorizes changes with court approval.
Purposes:The attorney-in-fact shall have all powers as are necessary or desirable to provide
for the support, maintenance, health, emergencies, and urgent necessities of the disabled or
incompetent principal. Upon the disability of the principal, the attorney-in-fact shall have the
authority to release all medical and financial information as deemed by the attorney-in-fact
necessary to the best interests of principal.
3) Effectiveness: This power of attorney shall become effective immediately.
4) Duration.This durable power of attorney becomes effective as provided in section 3 hereof
and shall remain in effect for the period and to the extent permitted by Chapter 11.125 of the
Revised Code of Washington, as amended, or until revoked or terminated under section 5 or 6
hereof, notwithstanding any uncertainty as to whether the principal is dead or alive.This power of
attorney shall not be affected by disability of the principal.
5) Revocation: This power of attorney may be revoked, suspended, or terminated in writing
by the principal with written notice to the designated attorney-in-fact. In addition, if this power of
attorney has been recorded,the written instrument of revocation shall be recorded in the office of
the recorder or auditor of any county in which the power of attorney is recorded.
6) Termination:
a) By Appointment of Guardian. The appointment of a guardian of the estate of the principal
vests in the guardian, with court approval, the power to revoke, suspend, or terminate this
power of attorney. The appointment of a guardian of the person only does not empower the
guardian to revoke, suspend, or terminate this power of attorney.
b) By Death of'Principal. The death of the principal shall be deemed to revoke this power of
attorney at the time the attorney-in-fact receives actual knowledge or actual notice of such
death.
7) Nomination of Guardian: If it should at any time be necessary to appoint a guardian or
limited guardian of the person or estate of the principal, the principal hereby nominates the then
acting attorney-in-fact designated above as the principal's said guardian or limited guardian.
8) Accounting: The attorney-in-fact shall keep accurate records of the principal's financial
atTairs including documentation of all transactions in which the attorney-in-fact is involved. The
Durable Poorer ojAllorney-d
attorney-in-fact shall be required to account to any guardian or personal representative
subsequently appointed for the principal.
9) Reliance: The designated and acting attorney-in-fact and all persons dealing with the
attorney-in-fact shall be entitled to rely upon this power of attorney so long as at the time of any
act taken pursuant to this power of attorney,the attorney-in-fact had not received actual knowledge
or actual notice of any revocation, suspension,or termination of the power of attorney by death or
otherwise. Any action so taken,unless otherwise invalid or unenforceable, shall be binding on the
heirs, devisees, legatees, or personal representatives of the principal.
10) Liability of Attorney-in-Fact:The estate of the principal shall hold harmless and indemnify
the attorney-in-fact from any and all liability for acts done in good faith and not in fraud on behalf
of the principal.
11) Property This power of attorney shall apply to all the principal's interest in community
property and to the principal's separate property, whether now owned or hereafter acquired.
12) Applicable Law: The laws of the State of Washington shall govern this power of attorney.
3) Execution: This Power of Attorney, is signed at Kent, King County, Washington on
f , 2019 to become effective a r vided inaragraph 3.
JA ES W. FLICK,JR.
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify: that I know or have satisfactory evidence that JAMES W. FLICK, JR. is the
person who appeared before me, and said person acknowledged that he signed this General
Durable Power of Attorney and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
A. � Dated: �.y�����" f , 2019.
r,s. �urn 4�"t�`
} E— CP
David A. Gagley '
PUBDU NOTARY PUBLIC in and for the State of
Washington,residing at Auburn.My appointment
expires 3/14/21.
Durable Yo ver of Alrorney-S
DURABLE POWER OF ATTORNEY
OF ELLEN L. FLICK
ELLEN L. FLICK, as principal, domiciled and residing in the State of Washington,
hereby appoints MARIA G. GOROSPE as her agent. If MARIA G. GOROSPE should be
unable to act, then JOE A. GUINTO is designated to so act as agent. The agent(s) powers are
authorized by Chapter 11.125 of the Revised Code of Washington and as stated below.
ELLEN L. FLICK revokes any other power of attorney which she may have previously
executed, except any Health Care Power of Attorney.
1) Powers: The agent, as a fiduciary, shall have all powers of an absolute owner over the
assets and liabilities of the principal, whether located within or without the State of Washington,
including, without limitation, the power and authority to:
a) Financial Accounts: To open and close any account(s) whether a trust account, retirement
account, IRA account or otherwise and to make deposits to and payments from any such account in a
financial institution in the name of the principal. Open, close, and to enter any safe deposit box
to which the principal has a right of access and deposit or remove property therefrom and add
the attorney-in-fact's name as a signatory with right to entry on any safe deposit box.
b) Health Care: Consent to medical and surgical care and non-treatment for the principal;
consent to the withholding or withdrawal of life-sustaining treatment for the principal;
consent to the admission of the principal to a medical, nursing, residential, or similar facility;
and to enter into agreements for the principal's care. If necessary, to hire professional help
and consultants, and to pay all necessary and reasonable expenses incurred in relation to the
broad authority herein given. This paragraph shall only be applicable if the principal has not
appointed an attorney-in-fact in a Health Care Power of Attorney.
c) Health Information: I specifically authorize any health care professional to disclose
information covered by the Health Insurance Portability and Accountability Act of 1996
(HIPAA) to my attorney in fact or anyone my attorney-in-fact authorizes, as if I had
requested it personally.
d) Decisions for Children: Pursuant to RCW 11.125.410, to make health care decisions for
any child for whom I am the legal guardian, to be effective if the child has no other parent or
legal representative readily available and authorized to give such consent.
e) Securities: Sell (including short sales), exchange, or otherwise transfer title to the
principal's stocks, bonds, or other securities, whether considered trust assets or not (RCW
11.125.290), to subscribe for and to trade in stocks, bonds, options, rights, and warrants or
other securities, domestic or foreign, whether dollar or non-dollar denominated, or limited
partnership interests or investments and trust units, whether or not in negotiable form, issued
or unissued, foreign exchange, commodities, and contracts relating to same (including
commodity futures) on margin or otherwise for my account and risk; to deliver to my broker
securities for my account and to instruct my broker to deliver securities from my accounts to
my attorney in fact or to others, and in such name and form, including his own, as he or she
I urahle Power of Attorney-1
may direct; to instruct my broker to make payment of moneys from my accounts with my
broker, and to receive and direct payment therefrom payable to him or her or others; to sell,
assign, endorse and transfer any stocks, bonds, options, rights and warrants or other securities
of any nature, at any time standing in my name and to execute any documents necessary to
effectuate the foregoing; to receive statements of transactions made for my account(s); to
approve and confirm the same, to receive any and all notices, calls for margin, or other
demands with reference to my accounts; and to make any and all agreements with my broker
with reference thereto for me and in my behalf. My attorney in fact may vote in person, or by
general or limited proxy, with or without power of substitution, with respect to any stock or
other securities I may own. I authorize my attorney in fact to execute on my behalf any
powers of attorney in whatever form which may be required by any stockbroker with whom I
have deposited any securities.
f) Other Real and Personal Property: To list for sale, sell, convey, exchange, or otherwise
transfer or encumber any real or personal property of the principal.
g) Digital Assets: To access, use and control my digital devices, including, but not limited
to, desktops, laptops, peripherals, storage device, mobile telephones, smartphones and any
similar digital device which currently exists or may exist as technology develops or such
comparable items as technology develops for the purpose for accessing, modifying, deleting,
controlling or transferring my digital assets, and to access, modify, delete, control and
transfer my digital assets and electronic communications, including but not limited to, my
emails received, email accounts, digital music, digital photographs, digital videos, software
licenses, social network accounts, file sharing accounts, financial accounts, domain
registrations, DNS service accounts, web hosting accounts, tax preparation service accounts,
online stores, affiliate programs, other online accounts and similar digital items which
currently exist or may exist as technology develops or such comparable items as technology
develops.
1 consent to the disclosure of all my digital assets I may have, and all electronic
communications I made or received during my lifetime, to my personal representative, and
direct that my digital assets and electronic communications be disclosed and delivered to my
personal representative upon his/her request to the custodian of my digital assets and
electronic communications, even if a terms-of-service agreement I entered into during my
lifetime with the custodian of such assets and communications states otherwise.
h) Disclaim: Disclaim, in whole or in part, any interest in property, including a family
allowance, whether outright, in trust, or otherwise, so long as in the sole discretion of the
attorney-in-fact such disclaimer would not be detrimental to the best interests of the
principal, and would be in the best interests of those interested in the estate of the principal
and of those who take property as a result of any such disclaimer.
i) Taxes: To represent me in all tax matters; to prepare, sign, and file federal, state, and
local income tax, transfer tax, and other tax returns of all kinds, including joint returns,
claims for refunds, requests for extensions of time, petitions to the Tax Court or other courts
regarding tax matters, and any and all other tax-related documents, including, but not limited
to, consents and agreements under Section 2032A of the Internal Revenue Code or any
Durable Power of Attorney-2
successor section thereto and consents to split gifts, closing agreements and Form 2848,
Form 8821, and any other power of attorney or form required by the Internal Revenue
Service, any state or any local taxing authority with respect to any tax year between the years
2001 and 2030; to pay taxes due, collect and make such disposition of refunds as my attorney
shall deem appropriate, post bonds, receive confidential information and contest deficiencies
determined by the Internal Revenue Service, any state, or any local taxing authority; to
exercise any elections I may have under federal, state or local tax law; and generally to
represent me in all tax matters and proceedings of all kinds and for all periods between the
years 2002 and 2060 before all officers of the Internal Revenue Service and state and local
tax authorities; to engage, compensate and discharge attorneys, accountants and other tax and
financial advisers and consultants to represent and/or assist me in connection with any and all
tax matters involving or in any way related to me or any property in which I have or may
have any interest or responsibility.
j) Lawsuits: Represent the principal during any and all litigation whatsoever. Represent the
principal during audits, appeals, and lawsuits related to any income or gift tax return filed on
behalf of the principal, and to pay any assessments for interest or penalties levied against the
principal in connection with such tax returns.
k) Transfers: Make transfers of the principal's property, both real and personal, to any trust
created by the principal of which the principal is the beneficiary during the principal's life.
1) Gifts: Make gifts, whether outright or in trust, to the relatives of the principal and the
spouses of any such relatives, in accordance with any pattern of making gifts to such persons
which the principal has established or planned to establish, or in such amounts as the
attorney-in-fact shall determine appropriate so long as such gifts would be in the best
interests of the principal.
m) Transfers and Gifts to Qualify for Medical Assistance: Make transfers of the principal's
property, including but not limited to transfers to the principal's spouse and gifts to the
principal's children, for the purpose of qualifying the principal for governmental medical
assistance to the full extent provided by law should there be a need for medical care; or for
the purpose of preserving for the principal's spouse the maximum amount of property
allowed under applicable law if an application has been made for governmental medical
assistance. Any transfers made pursuant to this paragraph shall not be deemed to be a breach
of fiduciary duty by the attorney-in-fact.
n) Community Property Agreements: Make, amend, alter or revoke any community property
agreement, agreement as to status of property, or other document of similar import entered
into by the principal and the principal's spouse.
o) Petition Court & Power to Sue Third Parties Who Fail to Recognize Power of'Attorney:
The attorney in fact is specifically authorized to follow the procedures set forth in RCW
11.125 to petition the court for the purposes set forth therein. Further, if any third party
(including but not limited to stock transfer agents, title insurance companies, banks, credit
unions, and savings and loan associations) with whom the principal's attorney-in-fact seeks to
Durable Power of Attorney-3
transact refuses to recognize the attorney-in-fact's authority to act on the principal's behalf
pursuant to this Power of Attorney, the principal authorizes the attorney-in-fact to sue and
recover from such third party all resulting damages, costs, expenses, and attorney's fees that
are incurred because of such failure to act. The costs, expenses and attorney's fees incurred in
bringing such action shall be charged against the principal's general assets, to the extent they
are not recovered from said third party. The principal expressly directs the attorney-in-fact to
move the principal's assets from any brokerage, transfer agent or other entity that refuses to
recognize the full extent of powers that the principal intends to convey by this power of
attorney.
Except as otherwise provided above, the attorney-in-fact shall not have the power to
revoke or change any estate planning or testamentary documents previously executed by the
principal, unless the document authorizes changes with court approval.
2) Purposes: The attorney-in-fact shall have all powers as are necessary or desirable to
provide for the support, maintenance, health, emergencies, and urgent necessities of the disabled
or incompetent principal. Upon the disability of the principal, the attorney-in-fact shall have the
authority to release all medical and financial information as deemed by the attorney-in-fact
necessary to the best interests of principal.
3) Effectiveness: This power of attorney shall become effective immediately.
4) Duration. This durable power of attorney becomes effective as provided in section 3
hereof and shall remain in effect for the period and to the extent permitted by Chapter 11.125 of
the Revised Code of Washington, as amended, or until revoked or terminated under section 5 or
6 hereof, notwithstanding any uncertainty as to whether the principal is dead or alive. This power
of attorney shall not be affected by disability of the principal.
5) Revocation: This power of attorney may be revoked, suspended, or terminated in writing
by the principal with written notice to the designated attorney-in-fact. In addition, if this power
of attorney has been recorded, the written instrument of revocation shall be recorded in the office
of the recorder or auditor of any county in which the power of attorney is recorded.
6) Termination:
a) By Appointment of Guardian. The appointment of a guardian of the estate of the principal
vests in the guardian, with court approval, the power to revoke, suspend, or terminate this
power of attorney. The appointment of a guardian of the person only does not empower the
guardian to revoke, suspend, or terminate this power of attorney.
b) By Death of'Principal. The death of the principal shall be deemed to revoke this power of
attorney at the time the attorney-in-fact receives actual knowledge or actual notice of such
death.
7) Nomination of Guardian: If it should at any time be necessary to appoint a guardian or
limited guardian of the person or estate of the principal, the principal hereby nominates the then
acting attorney-in-fact designated above as the principal's said guardian or limited guardian.
Ourahle Power of Attorney-4
8) Accounting; The attorney-in-fact shall keep accurate records of the principal's financial
affairs including documentation of all transactions in which the attorney-in-fact is involved. The
attorney-in-fact shall be required to account to any guardian or personal representative
subsequently appointed for the principal.
9) Reliance: The designated and acting attorney-in-fact and all persons dealing with the
attorney-in-fact shall be entitled to rely upon this power of attorney so long as at the time of any
act taken pursuant to this power of attorney, the attorney-in-fact had not received actual
knowledge or actual notice of any revocation, suspension, or termination of the power of
attorney by death or otherwise. Any action so taken, unless otherwise invalid or unenforceable,
shall be binding on the heirs, devisees, legatees, or personal representatives of the principal.
10) Liability of Attorney-in-Fact: The estate of the principal shall hold harmless and
indemnify the attorney-in-fact from any and all liability for acts done in good faith and not in
fraud on behalf of the principal.
11) Pro e : This power of attorney shall apply to all the principal's interest in community
property and to the principal's separate property, whether now owned or hereafter acquired.
12) Applicable Law: The laws of the State of Washington shall govern this power of
attorney.
13) Execution: This Power of Attorney, is signed at Kent, King County, Washington on
-,e, 2022 to become effective as provided in paragraph 3.
ELLEN L. FLICK
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify: that I know or have satisfactory evidence that ELLEN L. FLICK is the person
who appeared before me, and said person acknowledged that she signed this General Durable
Power of Attorney and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: 2022.
�j111111if$,
5� EXPf Christian C. Pearson
�p0OWNOTARY PUBLIC in and for the State of
v: NOTARY Washington, residing at Auburn. My
(Pic, PUBLIC z appointment expires 11/12/2024.
i�. AZ
•.....••
Durable Power of Attorney-5
The undersigned accepts the appointment of attorney-in-fact as set forth above.
DATED:
MARIA G. GOROSPE
The undersigned accepts the appointment of alternate attorney-in-fact as set forth above.
DATED:
JOE A. GUINTO
Durable Power of Atlorney-6
6/5/23,4:30 PM Landmark Web Official Records Search
Instrument Number:20230504000405 Document:EAS Rec:$207.50 Page-1 of 5
Record Date:5/4/2023 12:46 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY PAUL JUNG,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): The Heirs and Devisees of dames W.Flick Jr.and Ellen L.Flick,as her
separate estate
Grantee(s): City of Dent
Legal Description:Ptn. S 1/2 NE'/4 NW'�4 SE'�4,Sec.7,Twp.22N Rg.5E W.M.
Additional Legal Description is on Exhibit A of Document.
Assessor's Tax Parcel Number: 072205-9056
TEMPORARY EASEMENT
KEN-50 South 218th Street/98th Avenue South from 94th Place South to South 216th Street
Project
The Grantor(s),The Heirs and Devisees of James W.Flick Jr. and Ellen L.Flick,as her
separate estate,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.
FA No.
LPA-325 Page I of(3)Pages Parcel Number:072205-9056
Rev.5/2021
https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue§ion=searchCriteriaName&quickSearchSelection=# 1/5
6/5/23,4:30 PM Landmark Web Official Records Search
Instrument Number:20230504000405 Document:EAS Rec: $207.50 Page-2 of 5
Record Date:5/4/2023 12:46 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 bidding upon the City of Kent unless
and until accepted and approved hereon in writing for the City of Kent,by its authorized agent.
Dated:
Grantor:
Print i +�� + � Print Name:_ % 1 '
Persona epresentative for Personal Representative for Ellen L. Flick
the estate of James W.Flick Jr
Accepted and Approved
I
City of Kent
�I
Fay: _.
Dana Ralph
Mayor
Date: 04/21/2023
s
Notary acknowledgment on,following page
[ LPA-325 Page 2 of(3)Pages
f
Rev.5/2021
i
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6/5/23,4:30 PM Landmark Web Official Records Search
Instrument Number:20230504000405 Document:EAS Rec: $207.50 Page-3 of 5
Record Date:5/4/202312:46 PM King County,WA
TEMPORARY EASEMENT
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that g C'lu iy+b is the
person who appeared before me,and said person acknowledged that he signed this instrument
as the legally authorized personal representative for the Estate of James William Flick,Jr. and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: (fit 12.022 3
-Notary Seal Must Appear Within This Box-
IN WkW;WHEREOF,I have hereunto set my hand and official seal the day and year first above
`
wn en.
It Alp � (PriAUB
I� FNOIC,in and for the State
�2m of Washington,residing at �1l
P. 0t � m My appointment expires 3 f
STATE OF WASh TON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that MaAa G oospe is the
person who appeared before me,and said person acknowledged that she signed this instrument
as the legally authorized personal representative for Ellen L.Flick and acknowledged it to be
her free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: 4 114/2.02,3
-Notary Seal Must Appear Within This Box-
ITS® I+ I1$ p)VHEREOF,I have hereunto set my hand and official seal the day and year first above
Wrltteri��� � �gaomaeoaedy, Ids ,,.
#0'r (Print e) 1_�2 6�In dart N eon+
7 NOT RY PUBLIC,in and for the State
—o
of Washington,residing at T lc w;l a WA
My appointment expires_i 121 IS
LPA-325 lt4\��o���°�m, Page 3 of(3)Pages
Rev.5/2021
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Instrument Number:20230504000405 Document:EAS Rec: $207.50 Page-4 of 5
Record Date:5/4/2023 12:46 PM King County,WA
EXHIBIT.-A,
TAX LOT 0722059056
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTH 1/2, SAID POINT
BEING THE INTERSECTION OF A LINE THAT IS 639 FEET EASTERLY OF AND
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF THE EAST HALF OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 7; THENCE ALONG SAID PARALLEL LINE,
N1001'22"E 30.01 FEET TO THE NORTH MARGIN OF SOUTH 218TH STREET AND
THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE,
N1001'22"E 25.00 FEET; THENCE S89057'07"W 5.00 FEET; THENCE S1001'22"W
20.00 FEET; THENCE S89157'07"W 45.01 FEET; THENCE N1001'22"E 20.00 FEET;
THENCE S89057'07"W 36.01 FEET; THENCE S1101'22"W 20.00 FEET; THENCE
S89057'07"W 44.35 FEET TO THE EAST MARGIN OF 94TH PLACE SOUTH; THENCE
ALONG SAID EAST MARGIN, S1005'15"W 5.00 FEET TO THE AFOREMENTIONED
NORTH MARGIN; THENCE ALONG SAID NORTH MARGIN, N89057'07"E 130.37 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1,472 SQUARE FEET, MORE OR LESS.
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Ct�ZZ�ZvZ'L
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6/5/23,4:30 PM Landmark Web Official Records Search
Instrument Number:20230504000405 Document:EAS Rec:S207.50 Page-5 of 5
Record Datc:5/4/2023 12:46 PNI King County,WA
I
I I
I
Ji PARCEL
d I #0722053056
5.00,
I
36.01'
o0 1,472 0 0 0
SO.FT o 0
0
44.35' N N 45.01' N N P.O.B.
5.00'
NI 130.37'
I _
c
m
_ S 218TH ST
Project#17-3010
P.O.C.
IMPORTANT:
THIS IS NOT A SURVEY.IT IS
FURNISHED AS A CONVENIENCE TO TEMPORARY CONSTRUCTION
LOCATE THE LAND INDICATED HEREON PORTION OF EASEMENT
WITH REFERENCE TO STREETS AND THE NW 114 OF THE SE 1/4
OTHER LAND.NO LIABILITY IS OF SEC 7,TOWNSHIP 22 N, KENT DRAWN BY: GM
ASSUMED BY REASON OF RELIANCE RANGE 5 E,W.M. .......... EXHIBIT
HEREON. CITY OF KENT SCALE: V=30' B
LAND SURVEY SECTION DATE: 5/24/2022
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