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Home My WebLink AboutCAG2023-308 - Original - Yoder 17th Street Properties, LLC - Valley Crossing Sewer Easement - 05/10/2023 Agreement Routing Form • For Approvals,Signatures and Records Management KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Amy Waters ECD Date Sent: Date Required: > 05/11/2023 05/15/2023 0 Q Authorized to Sign: Date of Council Approval: Q ❑Director or Designee ❑Mayor Budget Account Number: M6 Grant? ❑Yes ❑ No Budget? ❑Yes ❑ Type: N/A Vendor Nam Category: Yoder 17th Street Properties, LLC Contract Vendor Number: Sub-Category: Original 0 Project Name: Valley Crossing Sewer Easement E = Project Details:Sewer Easement C N Agreement Amoun Basis for Selection of Contractor: E IStart Date: 05/10/2023 Termination Date: Notice Required Q Local Business? ❑Yes ❑ No* *Ifineets requirements perKCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number: ❑Yes ❑ No CAG2023-308 Date Received by City Attorney: Comments: 05/11/2023 PLEASE HAVE MAYOR SIGN AND RETURN TO ME VIA EMAIL. 3 0 -AMY WATERS a 1A .� i oc 40 p� Date Routed to the Mayor's Office: 05/18/2023 Vf Date Routed to the City Clerk's Office: 05/18/2023 adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements 6/5/23,4:36 PM Landmark Web Official Records Search Instrument Number:20230602000234 Document:EAS Rec:$208.50 Page-1 of 6 Record Date:6/2/2023 9:13 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY LISA OHLEN,DEPUTY WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: City Clerks Office Grantor: Yoder 17th Street Properties, a Washington LLC Grantee: City of Kent, a Washington municipal corporation Abbreviated Legal Description: PTN of Lot B, COK LLA No. RPL-2212880 Additional Legal Description: Exhibit A of document Assessor's Tax Parcel ID Nos. 5436200850 STR: 24-22-04 Project Name: Valley Crossing Permit No.: KIVA 2221801 UTILITY EASEMENT THIS INSTRUMENT is made and entered into this 110 day of May by and between Yoder 17th Street Properties,a Washington LLC ("Grantor"), and City of Kent, a Washington municipal corporation ("Grantee"). Grantor, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, grants and conveys to Grantee an easement for sewer with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair over, under, through, across and upon the following described real property, situated in King county, Washington: SEE EXHIBIT"A"ATTACHED Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above-referenced property, as generally depicted in Exhibit "B," attached hereto and made a part hereof, including any immediately adjacent incidental areas, with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, Utility Easement Page 1 of 5 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 1/6 6/5/23,4:36 PM Landmark Web Official Records Search Instrument Number:20230602000234 Document:EAS Rec: $208.50 Page-2 of 6 Record Date:6/2/2023 9:13 AM King County,WA constructing, repairing, and reconstructing sewer facilities, or making connections to those systems, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be restored to substantially the same condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use does not interfere with the Grantee's uses as described in this document. Under no circumstances shall any structures be placed or erected on this easement. Grantor shall not change the surface grades, except as approved in advance by the Grantee, in any manner that would unreasonably interfere with ingress, egress and access by the Grantee for the installation, operation, maintenance, extension, construction, reconstruction or repair of the facilities. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, Indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the negligent exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This easement shall be a covenant running with the land, and shall bind Grantor's successors, heirs and assigns, and all future owners of the real property affected by this easement. GRANTOR: Yoder 17th Street Properties, By:-- Its:— Utility Easement Page 2 of S https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 2/6 6/5/23,4:36 PM Landmark Web Official Records Search Instrument Number:20230602000234 Document:EAS Rec: $208.50 Page-3 of 6 Record Date:6/2/2023 9:13 AM King County,WA STATE OF WASHINGTON ) ss. COUNTY OF ICING ) I certify that I know or have satisfactory evidence that , is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of _ _ _____, _u __ ____e, a Washington limited liability company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. SEE ATTACHED NOTARIAL.CERTIFICATE (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at __._.---_____, My appointment expires ACCEPTED: CITY OF KENT By:Dana Ralph Title:Mayor Date: 05/18/2023 Utility Easement Page 3 of 5 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 3/6 6/5/23,4:36 PM Landmark Web Official Records Search Instrument Number:20230602000234 Document:EAS Rec: $208.50 Page-4 of 6 Record Date:6/2/2023 9:13 AM King County,WA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of _ On �....... s 3.6 before me, Date Here Insert Name and Title of tf Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �nco�PARIIDA WITNESS my hand and icial sea[. .� Notary Public.California / !'`.✓"'" / orange CCU* ✓ s Commission#2354690 i[pslrea A:,,9.207, Signature,,,.,_. . 0. ignature of Notary Public Place Notary Sea/Above OPTIONAL — Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ,r Title or Type of Document: _L'�o�-- .""rn ___..___. Document s: Number of Pages: ",......... Signer(s) Ot'1'rer Than Named Above: apacity(ies)Claimed by Signer(s) Sig ° Name: _._...M.M._m.�.___._ — Signer's Name: ❑Coro Officer —Title ... _m�W_..,a_.. .... p {s) _._..__.��k.... ,, __ _ ::' orporate Officer — Title(s)= ❑Partner — ited ❑General O P r — ❑Limited ❑General ❑Individual ❑ ney in Fact n Individ ❑Attorney in Fact ❑Trustee ❑Guar i r Conservator Cl Trustee Guardian or Conservator ❑Other: , ❑ Other: Signer Is Representing:._ w - _, Signer Is Representing: 02014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#�907 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 4/6 6/5/23,4:36 PM Landmark Web Official Records Search Instrument Number:20230602000234 Document:EAS Rec: $208.50 Page-5 of 6 Record Date:6/2/2023 9:13 AM King County,WA SEWER EASEMENT DESCRIPTION EXHIBIT "A" A STRIP OF LAND 25.00 FEET WIDTH, BEING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LYING WITHIN THAT PORTION OF LOT B, CITY OF KENT LOT LINE ADJUSTMENT NO. RPL-2212880, ACCORDING THE LOT LINE ADJUSTMENT THEREOF, RECORDED UNDER RECORDING NUMBER 20220316900003, RECORDS OF KING COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF CENTERLINES OF STATE ROUTE 516 AND WASHINGTON AVENUE SOUTH, THENCE NORTH 00040' 16" EAST, ALONG THE CENTERLINE OF SAID WASHINGTON AVENUE SOUTH, A DISTANCE OF 311.50 FEET TO THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT B; THENCE SOUTH 89037' 47" WEST, ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 52.01 FEET TO THE NORTHEAST CORNER OF SAID LOT B AND THE WEST RIGHT OF WAY MARGIN OF WASHINGTON AVENUE SOUTH; THENCE SOUTH 00040' 16" WEST, ALONG SAID LINE, A DISTANCE OF 169. 02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89051' 49" WEST, A DISTANCE OF 380.02 FEET TO THE WEST LINE OF SAID LOT B AND THE TERMINUS OF THIS DESCRIPTION; THE SIDELINES OF THE ABOVE DESCRIBED SHALL TERMINATE AT THE WEST RIGHT OF WAY MARGIN OF SAID WASHINGTON AVENUE SOUTH AND THE WEST PROPERTY LINES OF SAID LOT B; CONTAINING AN AREA OF 9,500 SQUARE FEET OR 0.2181 ACRES, MORE OR LESS; SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON. UPWARD ARCHITECTURE KENT SMALL SHOPS TAYLOR R. SCHULTE, P.L.S. NO. 44646 BRH JOB NO. 2021033.03 9A``� MARCH 08, 2023 BUSH, ROED & HITCHINGS, INC. tam 15400 SE 30TH PLACE �fAL Lip BELLEVUE, WA 98007 (206) 323-4144 03108/23 PAGE 4OF5 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 5/6 6/5/23,4:36 PM Landmark Web Official Records Search Instrument Number:20230602000234 Document:EAS Rec:$208.50 Page-6 of 6 Record Date:6/2/2023 9:13 AM King County,WA N.W.1/4 OF THE S.W.1/4,SEC.24,TWP.22 N.,AGE.04 E.,W.M. en 40.00LL iF N8937'47"E 380.04' i 52.01' N 'n i � w Q D a. LOT A a I _0 a� KENT LLA#RPL-22 12880 ccv EXISTING 15' SANITARY SEWER (� z REG.NO. 202203I6900003 w EASEMENT REC. NOS. 7701070027 �0 iv AND 7701070028 oi of SOD'40'16"W POINT OF g °ol 192.30' m TERMINUS PROPOSED 25' I NI F- zz SANITARY SEWER N TRUE POINT al52.00 .-. m EASEMENT o OF BEGINNING of i O Q FO9- 1=� C, �— LLJ — N S89 51'49"W 38 z _ 70 66 z 80 0 40 80 N89"50'04"W 312.02' i 51449.p6 W Q W SOUTH LINE OF NORTH 798 FEET OF TRACT-' t i z J 43, MEEKER'S SUPPLEMENTAL PLAT, FIRST o O ( IN FEET ) ADDITION TO THE TOWN OF KENT, VOLUME o O I- 1 inch = 80 ft. 5, PAGE 96 `L z _STATE ROUTE 516 _ _ V) N89°50'04"W 1221.51' POINT OF COMMENCEMENT O¢ R• SCy FOUND MONUMENTIN CASE �"I of WASH G(T TACK IN LEAD DOWN 0.85' tir cT AT INTERSECTION OF WAS HINGTON AVE S & S.R. 516 4i646 25'SEWER EASEMENT EXHIBIT ��/�_BUSH, ROED&HITCHINGS, INC. ssi 01 KENT SMALL SHOPS LAND LAND SURVEYORS&CIVIL ENGINEERS ANAL LAB UPWARD ARCHITECTURE 15400 SE SOTH PL,STE 100 (206)323-4144 KENT WASHINGTON BRIM BELLEVUE.Washington DATE:02/2223 03/08/23 98007-6546 JOB NO.:2021033.03 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 6/6