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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 c� _ 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&section=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 i i https://recordsearch.kingcounty.gov/Landmarkweb/search/index?theme=.blue&section=searchCriteriaName&quickSearchselection=# 2/5 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 i https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 3/5 6/5/23,4:30 PM Landmark Web Official Records Search 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. w�wwasrw wwaw.ararrwwA a� w w. Ct�ZZ�ZvZ'L https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 4/5 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 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 5/5