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Home My WebLink AboutCAG2023-277 - Original - Giai Van Nguyen - 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 04/26/2023 05/3/2023 QAuthorized to Sign: Date of Council Approval: Q �✓ Mayor or Designee 7/6/2021 Budget Account Number: Grant? Yes No�✓ Budget? Yes E]No Type: N/A Vendor Name: Category: Giai Van Nguyen 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: $$ 550.00 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 CAG2023-277 Comments: Mayor Ralph - Please sign the approval for the attached Temporary Construction Easement (3rd page of this packet). Thx! Cheryl R-W � c a, a Date Received:City Attorney: 4/26/23 Date Routed:Mayor's Office 4/27/23 'ty Clerk's Office 5/1/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 6/5/23,4:27 PM Landmark Web Official Records Search Instrument Number:20230511000367 Document:EAS Rec:$207.50 Page-1 of 5 Record Datc:5/11/2023 2:05 PM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY AL VASSER DEPUTY _ ..._......._.._._-__..__. ...___�_...__. __ w._._ 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): Giai Van Nguyen Grantee(s): City of Kent Legal Description: Ptn.N '/2 E%2 NW'/4 NE'/4 SE'/4, Sec.7,Twp.22N, Rg. 5E W.M. Additional Legal Description: See Exhibit A of Document Assessor's Tax Parcel Number: 072205-9034 TEMPORARY EASEMENT Project Name: KEN-50 South 218"' Street/981h Avenue South from 941h Place South to South 2161h Street Project The Grantor(s),Giai Van Nguyen,as a 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. 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 FA No. LPA-325 Page 1 of 3 Pages Parcel Number: 122204-9034 Rev.5/2021 i i https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/5 6/5/23,4:27 PM Landmark Web Official Records Search Instrument Number:20230511000367 Document:EAS Rec: $207.50 Page-2 of 5 Record Date:5/11/2023 2:05 PM King County,WA TEMPORARY EASEMENT "Term". Provided. however,that Grantee's use and occupancy of the easement area is limited to between August 1,2023 and October 31,2024. It is further agreed that this Temporary Easement may be extended by up to six months at the Grantee's option.The rate associated with this extension shall be at the same rate as the original Temporary Easement, or at the newly established rate determined by an updated administrative offer; whichever is higher. Grantee shall notify Grantor in writing prior to exercising this option. Grantee shall provide Grantor written notice no less than three days in advance of Grantee's intent to exercise its rights under this Temporary Easement. It is understood and agreed that delivery of this temporary easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Kent unless and until accepted and approved hereon in writing for the City of Kent,by its authorized agent. Dated: 'C I /a-s Grantor: Giai Van Njuyen A,�.... Accepted and Approved City of Kent Dana Ralph Mayor Date: 04/27/2023 Notary acknowledgment on following page LPA-325 Page 2 of 3 Pages Rev.5/2021 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/5 6/5/23,4:27 PM Landmark Web Official Records Search Instrument Number:20230511000367 Document:EAS Rec: $207.50 Page-3 of 5 Record Date:5/11/2023 2:05 PM King County,WA TEMPORARY EASEMENT STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Giai Van Nguyen is the person who appeared before me,and said person acknowledged that(he/she)signed this instrument and acknowledged it to be(his/her)free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Al/':l("/�1`�, -Notary Seal ti/ust Appear Within This Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. n �� „ t (Printe) C -eP 'C) tLLIQUmv too �� NOTARY PUBLIC,in and for the State of Washington,residing at C-3,2V..2LYke My appointment expires I i`q 17 A ®,k 16 �1z LPA-325 Page 3 of 3 Pages Rev.5/2021 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 3/5 6/5/23,4:27 PM Landmark Web Official Records Search Instrument Number:20230511000367 Document:EAS Rec:S207.50 Page-4 of 5 Record Date:5/11/2023 2:05 PM King County,WA EXHIBIT-A TAX LOT 0722059034 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTH HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH HALF; THENCE ALONG THE NORTH LINE THEREOF, S89°58'42"W 30.01 FEET TO THE WEST MARGIN OF 98TH AVENUE SOUTH AND THE POINT QE BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, S89°58'42"W 5.00 FEET; THENCE S1009'23"W 80.02 FEET; THENCE S8915842"W 18.00 FEET; THENCE S1109'23"W 22.00 FEET; THENCE S89058'42"W 2.00 FEET; THENCE S1009'23"W 31.30 FEET; THENCE N89058'42"E 20.00 FEET; THENCE S1109'23"W 194.42 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED NORTH HALF; THENCE ALONG SAID SOUTH LINE, N89057'55"E 5.00 FEET TO THE AFOREMENTIONED WEST MARGIN; THENCE ALONG SAID WEST MARGIN, N1°09'23"E 327.73 FEET TO THE POINT OF BEGINNING. CONTAINING 2,661. SQUARE FEET, MORE OR LESS. ¢�gp�apagexeaenatltlqqqqqqqqq ®®q®q1@@&tlp6®t19R¢®�0Y 4/18/2023 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 4/5 6/5/23,4:27 PM Landmark Web Official Records Search Instrument Number:20230511000367 Document:EAS Rec: $207.50 Page-5 of 5 Record Date:5/11/2023 2 05 PM King County,WA 30.0' P.O.B. I 10.0' I-- 2.0' b i i i era c°s PARCEL #0722059034 CM I 00 i 2,661 SQ. FT 5.00' i i I i 5.0' N IMPORTANT: THIS IS NOT A SURVEY.IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND.NO LIABILITY IS Project#17-3010 ASSUMED BY REASON OF RELIANCE HEREON. TEMPORARY CONSTRUCTION PORTION OF EASEMENT THE NE 114 OF THE SE 1/4 OF SEC 7,TOWNSHIP 22 N, TIT DRAWN BY: JF RANGE 5 E,W.M. EXHIBIT CITY OF KENT SCALE: 1"=so' LAND SURVEY SECTION DATE: 4/18/2023 B https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 5/5 6/5/23,4:28 PM Landmark Web Official Records Search Instrument Number:20230511000368 Document:EAS Rec:$207.50 Page-1 of 5 Record Date:5/11/2023 2:05 PM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY AL VASSER,DEPUTY ATTACHMENT A WHEN RECORDED RETURN TO: City Clerk City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: Giai Van Nguyen Grantee: Puget Sound Energy Inc. Abbreviated Legal Description: Ptn N 1/2 E 1/2 NW 1/4 NE 1/4 SE 1/4 Sec. 7, Two 22N, Rg 5E W.M. Additional Legal Description on: Exhibit"A" Assessor's Tax Parcel ID No. 072205-9034 STR: SE 7-22-5 Project: KEN-50 South 218th Street/98th Avenue South from 94th Place South to South 216th Street Proiect UTILITY EASEMENT EASEMENT granted this day of Ct ,I,-i , 2a2 by Giai Van Nguyen, as a separate estate ("Grantor"), to Puget Sound Energy, Inc., a Washington corporation. ("Grantee"). Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or other valuable consideration, receipt of which is hereby acknowledged, grants to Grantee, its successors and/or assigns, in lieu of condemnation, a perpetual easement for utilities, including use of incidental areas immediately adjacent for the installation, operation, maintenance, extending, construction, altering, reconstructing and repair over, through, under, across and upon the property situated in King County, Washington, specifically described in Exhibit"A"and graphically depicted in Exhibit"B" (the"Easement Area"). The Grantor agrees that this easement touches and concerns the land described in Exhibit A, and that this easement shall run with the land. Grantee shall have the right at times as may be necessary, without prior institution of suit or proceeding at law, to enter the Easement Area and immediate Utility Easement Page 1 of 3 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/5 6/5/23,4:28 PM Landmark Web Official Records Search Instrument Number:20230511000368 Document:EAS Rec: $207.50 Page-2 of 5 Record Date:5/11/2023 2:05 PM King County,WA adjacent areas with the necessary equipment for the purposes of altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of the utilities; provided that the alteration, installation, operation, maintenance, extension, construction, repair and reconstruction shall be accomplished in such a manner that the private improvements existing within this Easement Area, including incidental areas, shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by Grantee. Grantor shall retain the right to use the surface of the Easement Area including incidental areas so long as Grantor's use does not interfere with the uses described herein. Under no circumstances shall any permanent structures be placed or erected in the Easement Area. Grantor shall not change the surface grades, except as approved in advance by Grantee, in any manner that would unreasonably interfere with ingress, egress and access by Grantee or adversely affect the existing utility and/or the utility to be installed therein. This Easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. GRANTOR: s Name: Giai Va6, guyen _ Date: i6.,ad,/�. Utility Easement Page 2 of 3 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/5 6/5/23,4:28 PM Landmark Web Official Records Search Instrument Number:20230511000368 Document:EAS Rec: $207.50 Page-3 of 5 Record Date:5/11/2023 2:05 PM King County,WA STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Giai Van Nguyen is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: 'q I a-�l > -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ®®� (Signature) "0976 NOTARY PUBLIC, in and for the State of Washington, residing atP My appointment expires 11— #Ail OF W Utility Easement Page 3 of 3 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 3/5 6/5/23,4:28 PM Landmark Web Official Records Search Instrument Number:20230511000368 Document:EAS Rec: $207.50 Page-4 of 5 Record Date:5/11/2023 2:05 PM King County,WA EXHIBIT—A TAX LOT 0722059034 EASEMENT THAT PORTION OF THE NORTH HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH HALF; THENCE ALONG THE NORTH LINE THEREOF, S89°58'42"W 30.01 FEET TO THE WEST MARGIN OF 98TH AVENUE SOUTH; THENCE ALONG SAID WEST MARGIN, S1009'23"W 132.26 FEET TO THE PINT OF BEGINNING; THENCE N88150'37"W 10.00 FEET; THENCE S1009'23"W 10.00 FEET; THENCE S88050'37"E 10.00 FEET TO THE WEST MARGIN OF 98TH AVENUE SOUTH, THENCE ALONG SAID WEST MARGIN, N1009'23"E 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET, MORE OR LESS. lggqqqqqNYqFYtlqtlqtl4qqqf ««« .e YRrK94MM Tsy.. tlpMaP � yyr O w s " Ufa°4y fq""qF.tlYYggF!lqqyq««««a -x t 0 4- I, { i 1 i https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 4/5 6/5/23,4:28 PM Landmark Web Official Records Search Instrument Number:20230511000368 Document:EAS Rec: $207.50 Page-5 of 5 Record Date:5/11/2023 2:05 PM King County,WA EXHIBIT B I I P.O.C. S 216TH ST I --r 3p.p1' PARCEL 0722059034 I ✓� NI M �I DO / P.O.B. I � I 100 Sty. FT I I I IMPORTANT: THIS IS NOT A SURVEY.IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND.NO LIABILITY IS Project#17-3010 ASSUMED BY REASON OF RELIANCE HEREON. PORTION OF EASEMENT THE NE 1/4 OF THE SE 1/4 OF SEC 7,TOWNSHIP 22 N, w-...... DRAWN BY: JF RANGE 5 E,W.M. �"••" E EXHIBIT CITY OF KNT SCALE: 1"=30' LAND SURVEY SECTION DATE: 062022 B https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 5/5