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HomeMy WebLinkAboutCAG2023-347 - Original - Yoder 17th Street Properties, LLC - Valley Crossing Utility 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 O Q Authorized to Sign: Date of Council Approval: Q ❑Director or Designee ❑Mayor Budget Account Number: Grant? ❑Yes El No Budget? ❑Yes ❑ Type: N/A j,& Vendor Nam Category: Yoder 17th Street Properties Contract Vendor Number: Sub-Category: Original Project Name: Valley Crossing E i = Project Details:Water Easement C N Agreement Amoun Basis for Selection of Contractor: O 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 CAG2023-347 Date Received by City Attorney: Comments: 06/02/2023 PLEASE HAVE MAYOR SIGN AND RETURN TO ME VIA EMAIL. -AMY WATERS O y6/13/23 - please return a recorded copy to the i Z_ -� City Clerk's Office. M.M. DC 4, p� Date Routed to the Mayor's Office: 06/07/2023 in Date Routed to the City Clerk's Office: 06/13/2023 adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements 6/15/23,8:34 AM Landmark Web Official Records Search Instrument Number:20230613000365 Document:EAS Rec:$209.50 Page-1 of 7 Record Date:6/13/2023 11:54 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY PAUL JUNG,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 this document Assessor's Tax Parcel Ili Nos. 5436200850 STR: 24-22-04 Project Name: Valley Crossing Permit No.: KIVA 2221801 UTILITY EASEMENT THIS INSTRUMENT is made and entered into this 10 day of May 20M, 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 water main 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 6 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 1/7 6/15/23,8:34 AM Landmark Web Official Records Search Instrument Number:20230613000365 Document:EAS Rec: $209.50 Page-2 of 7 Record Date:6/13/202311:54 AM King County,WA constructing, repairing, and reconstructing water main 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, Jy By: Its: .r+ Utility Easement Page 2 of 6 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 2/7 6/15/23,8:34 AM Landmark Web Official Records Search Instrument Number:20230613000365 Document:EAS Rec: $209.50 Page-3 of 7 Record Date:6/13/202311:54 AM King County,WA STATE OF WASHINGTON } ss. COUNTY OF {PING ) 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 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 Sea/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 i (Signature) I NOTARY PUBLIC, in and for the State E of Washington, residing at 1 Ilj My appointment expires ACCEPTED: CITY OF KENT By:Dana Ralph Title:Mayor Date: 06/12/2023 Utility Easement Page 3 of 6 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 3/7 6115/23,8:34 AM Landmark Web Official Records Search Instrument Number:20230613000365 Document:EAS Rec: $209.50 Page-4 of 7 Record Date:6/13/202311:54 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 a document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of >6CLgCst✓ } On l q<.20 2-3 before me, Date / Here Insert Name and itie of the rcer personally appeared t�«K e, A. S i'f 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 Califomia that the foregoing paragraph is true and correct. - WITNESS my hand fficial seal. varan,Public C,-: nA Signatur Signature of Notary Public Place Notary Seal 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 Title or Type of Document: tAl - ,,p, � Document Date: 1'GT A�d13 Number of Pages: Signer(s) =�Other Than Named Above: - - - apacity(ies)Claimed by Signer(s) Ss er's Name: ner's Name: ❑Co rate Officer — Title(&): ❑ rate Officer — Title(s): _ El Partner ❑Limited ❑General ElPartne ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact El Trustee Guardian or Conservator ❑Trustee _; uardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationaiNotary.org•1-800-US NOTARY(1-800-876-6827) �# 7 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIId&quickSearchSelection=# 4/7 6115/23,8:34 AM Landmark Web Official Records Search Instrument Number:20230613000365 Document:EAS Rec: $209.50 Page-5 of 7 Record Date:6/13/202311:54 AM King County,WA WATER MAIN EASEMENT DESCRIPTION EXHIBIT A, A STRIP OF LAND 15.00 FEET WIDTH, LYING 7.50 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 137.51 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE BENAROYA SHORT PLAT AS RECORDED UNDER RECORDING NUMBER 7701130512, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 89037' 47' WEST, ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 40. 01 FEET TO THE SOUTHEAST CORNER OF SAID BENAROYA SHORT PLAT AND A LINE PARALLEL WITH SAID CENTERLINE OF WASHINGTON AVENUE SOUTH AND 40.00 WEST; THENCE NORTH 00040' 16" EAST, ALONG SAID LINE, A DISTANCE OF 15.52 FEET; THENCE SOUTH 89050' 31" WEST, A DISTANCE OF 12.00 FEET TO THE WEST RIGHT OF WAY MARGIN OF SAID WASHINGTON AVENUE SOUTH AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89050' 31 " WEST, A DISTANCE OF 383.07 FEET TO A POINT TO BE KNOWN HEREINAFTER AS POINT "A" AS DESCRIBED IN PERMANENT WATERLINE EASEMENT, RECORDED UNDER RECORDING NUMBER 7708040681, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 00025' 15" WEST, A DISTANCE OF 142.75 FEET TO A POINT TO BE KNOWN HEREINAFTER AT POINT " D" AS DESCRIBED IN PERMANENT WATERLINE EASEMENT, RECORDED UNDER RECORDING NUMBER 7708040681, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 00050' 31" EAST, A DISTANCE OF 305.00 FEET TO A POINT TO BE KNOWN HEREINAFTER AS POINT " E" AS DESCRIBED IN PERMANENT WATERLINE EASEMENT, RECORDED UNDER RECORDING NUMBER 7708040681, RECORDS OF KING COUNTY, WASHINGTON; BEGINNING AT AFOREMENTIONED POINT " D" , THENCE SOUTH 88022' 27" EAST, A DISTANCE OF 16.40 FEET TO THE TERMINUS OF THIS LINE; AND COMMENCING AT AFOREMENTIONED SOUTHEAST CORNER OF BENAROYA SHORT PLAT, THENCE NORTH 00040' 16" EAST, ALONG THE WEST RIGHT OF WAY PAGE 4OF6 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIId&quickSearchSelection=# 5/7 6115/23,8:34 AM Landmark Web Official Records Search Instrument Number:20230613000365 Document:EAS Rec: $209.50 Page-6 of 7 Record Date:6/13/202311:54 AM King County,WA MARGIN OF SAID WASHINGTON AVENUE SOUTH, A DISTANCE OF 175.00 FEET; THENCE NORTH 89019' 44" WEST, A DISTANCE OF 12.00 FEET TO TRUE POINT OF BEGINNING "A" ; THENCE CONTINUING ALONG SAID LINE, NORTH 89019' 44" WEST, A DISTANCE OF 13.70 FEET TO THE TERMINUS OF THIS LINE; THE SIDELINES OF THE ABOVE DESCRIBED SHALL BE LENGTHENED OR SHORTENED TO MEET AT ANGLE POINTS, WILL TERMINATE AT THE WEST RIGHT OF WAY MARGIN OF SAID WASHINGTON AVENUE SOUTH AND THE WESTERLY AND NORTHERLY PROPERTY LINES OF SAID LOT B; CONTAINING AN AREA OF 6,348 SQUARE FEET OR 0.1457 ACRES, MORE OR LESS; SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON. R S UPWARD ARCHITECTURE KENT SMALL SHOPS TAYLOR R. SCHULTE, P.L.S. NO. 44646 ° BRH JOB NO. 2021033.02 O FEBRUARY 24, 2023 c sue' i �NAI LAN© BUSH, ROED & HITCHINGS, INC. 1" * 15400 30TH PLACE SE 02127/23 SUITE 100 BELLEVUE, WA 98004 (206) 323-4144 PAGE 5OF6 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIId&quickSearchSelection=# 6/7 6115/23,8:34 AM Landmark Web Official Records Search Instrument Number:20230613000365 Document:EAS Rec:$209.50 Page-7 of 7 Record Date:6/13/2023 11:54 AM King County,WA EXHIBIT B N.W.1/4 OF THE S.W.1/4,SEC.24,TWP.22 N.,RGE.04 E.,W.M. POINTE�'°"r j;- LOT �52.00 U_ 10' WATER LINE EASEMENT� N00'50'31"E 305.00'---""'� ICI' REC. NO. 7708040681 W� - -i ��— ..— N89'19'44"W LU POINT D---- S88°22'27"E 16.40' N89'19'44"W 13.70`,-_. I 12.00' �d LOT A ! �_PROPOSED WATERLINE KENT LLA#RPL-22 1 2(580 F 7 5' EASEMENT 0 PROPOSED 7.5'-I I. w O REC.NO.2022031 G900003 —EXISTING 10' UTILITY v,O �I o o (n NOC°25'75"W 142.75' ( EASEMENT REC, NO. 7708040681, o^i o W -�� f 7708290553&7709280585 c� PROPOSED 15' WATER LINE EASEMENT of oo T.P.O.B. POINT A I -� 10' UTILITY EASEMENT— of W 1 REC. NO. 7708040681, out wl > m \, 17708290553&7709280585 0 Q m —— .__xr ..='.r!r-. o�I-r_� _ _ . y_``,4'_-�=._ _ -'},1.40.01'.t`5.52' Z W --------- --- �... C) _ —— ——r——————— _ IX S89'50'31"W 383.07'•J S89'3T47"W 589'50 2i00'y N1 r 0 1 _ CD 0 z Z = 80 0 40 80 SOUTH EAST--'✓ V) 00 CORNER OFAgo ni �..� o BENAROYA ( IN FEET } o SHORT PLAT 1 inch = 80 ft. 9p3020" � sC�s STATE ROUTE 516 _ oR R. y — — N89°SO'0— — 04 WASH G� 4'W 1221.51' POINT OF COMMENCEMENT i,F �. FOUND MONUMENT IN CASE LEGEND TACK IN LEAD T.P.0.6 - TRUE POINT OF BEGINNING DOWN 0.85' AT INTERSECTION OF WASHINGTON AVE S & S.R. 516 FS *,4 es 6 1, yJ 1&WATER EASEMENT EXHIBIT BUSH, ROED&HITCHINGS, INC, ANAL LAB KENT SMALL SHOPS LAND SURVEYORS&CIVIL ENGINEERS UPWARD ARCHITECTURE 1.0. 15400 SE 30TH PL,STE 100 (205)323-4144 02/27/23 KENT WASHINGTON BRH BELLEVUE,Washington DATE:02/21/23 98007-6546 JOB NO.:2021033.02 https://recordsearch.kingeounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParceIld&quickSearchSelection=# 7/7