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Home My WebLink AboutCAG2023-425 - Original - Duke Realty - Duke Warehouse Utility Easement - 07/06/2023 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: > 07/06/2023 07/10/2023 0 Q Authorized to Sign: Date of Council Approval: Q ❑Director or Designee ❑Mayor Budget Account Number: Grant? ❑Yes El No Budget? ❑Yes ❑No Type: N/A Vendor Name: Category: Duke Realty Contract Vendor Number: Sub-Category: Original Project Name: Duke Warehouse E i = Project Details: Utility Easement c a Agreement Amoun Basis for Selection of Contractor: E IStart Date: 07/10/2023 Termination Date: N/A 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 CAG2023-425 Date Received by City Attorney: Comments: PLEASE HAVE MAYOR SIGN AND RETURN TO ME VIA EMAIL. 3 0 -AMY WATERS d A i8/10/23 - pulled recorded version from KC = website. MM 40 �a p� Date Routed to the Mayor's Office: 07/06/2023 in Date Routed to the City Clerk's Office: 08/10/2023 adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements ��_ 8/7/23, 10:40 AM Landmark Web Official Records Search Instrument Number:20230726000717 Document:EAS Rec:$207.50 Page-1 of 5 Record Date:7/26/2023 3:57 PM Electronically Recorded King County,WA WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: City Clerk's Office Grantor: Duke Realty Limited Partnership, an Indiana limited partnership Grantee: City of Kent, a Washington municipal corporation Abbreviated Legal Description: Ptn Parcel A, Kent Lot Line Elimination No. RPLL 2211773, Rec. 20210901000682 Additional Legal Description: Please see Exhibit A Assessor's Tax Parcel ID Nos. 631500-0040-09 STR: 1-22N-4E Project Name: Duke Realty Permit No.: RECC-2211175 UTILITY EASEMENT Duke Realty Limited Partnership, an Indiana limited partnership ("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 City of Kent, a Washington municipal corporation ("Grantee"), a non-exclusive easement for storm drainage with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair over, under, through, across and upon the real property described and depicted in the attached and incorporated Exhibits A & B, situated in King County, Washington (the"Easement Area"). Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the Easement Area, awith the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing storm drainage facilities, or making connections to those systems, together with the non-exclusive right of access to such Easement Area across drive aisles on Grantor's property immediately adjacent to the Easement Area as necessary to Grantee's rights hereunder, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this Easement Area and the immediately adjacent drive aisle areas shall not be disturbed or destroyed, or in the event Utility Easement Page 1 of 3 i i I https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 1/5 8/7/23, 10:40 AM Landmark Web Official Records Search Instrument Number:20230726000717 Document:EAS Rec: $207.50 Page-2 of 5 Record Date:7/26/2023 3:57 PNI King County,WA 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 the Easement Area, including the immediately adjacent areas, so long as that use does not unreasonably interfere with the Grantee's uses as described in this document. Under no circumstances shall any structures be placed or erected on the Easement Area. Grantor shall not materially 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 in the Easement Area. Grantee shall at all times exercise its rights under this instrument 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 exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this instrument. This instrument and the easement granted hereby 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 instrument and the easement grant hereunder. GRANTOR: DUKE REALTY LIMITED PARTNERSHIP an Indiana limited partnership By; Duke Realty LLC a Delaware limited liability company its general partner By: Prologis, L.P. a Delaware limited partnership its sole member By: Prologis, Inc. a Maryland corporation its general partner B Jake Maxwell _ Itle: Ice re. i ent Prologis, I ,,__ (Notary Acknowledgment on Following Page) Utility Easement Page 2 of 3 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 2/5 8/7/23, 10:40 AM Landmark Web Official Records Search Instrument Number:20230726000717 Document:EAS Rec: $207.50 Page-3 of 5 Record Date:7/26/2023 3:57 PM King County,WA STATE OF_V" ) ss. COUNTY OF I certify that I know or have satisfactory evidence that Jake Maxwell is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it as the Vice President of Prologis, Inc., general partner of Prologis, L.P., sole member of Duke Realty LLC, general partner of Duke Realty Limited Partnership, an Indiana limited partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: � -Notary Seal Must Appear Within This Box- w9�tl " WHEREOF, I have here to set myh. ncf and official seal the day and year first P � s (Sign? re) . 4 NOTARIA UBLIC, in and for the ate *' ��" 'p � of residing at My appointment expires l vim P1 MtRd9� ACCEPTED: CITY OF KENT By: Dana Ralph Title: Mayor._ _ Date: Utility Easement Page 3 of 3 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 3/5 8/7/23, 10:40 AM Landmark Web Official Records Search Instrument Number:20230726000717 Document:EAS Rec: $207.50 Page-4 of 5 Record Date:7/26/2023 3:57 PNI King County,WA EXHIBIT A (STORM EASEMENT LEGAL DESCRIPTION) A PORTION OF PARCEL A OF CITY OF KENT LOT LINE ELIMINATION FILED UNDER RECORDING NO. 20210901000682, RECORDS OF KING COUNTY,WASHINGTON, LYING IN THE SOUTHEAST QUARTER OF SECTION 1,TOWNSHIP 22 NORTH, RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF SOUTH 2O2ND STREET AND 77TH AVENUE SOUTH, MONUMENTED BY AN ENCASED 2.5 INCH DOMED BRASS DISC, 0.35'BELOW GRADE; THENCE SOUTH 06°07'43"EAST,ALONG THE CENTERLINE OF SAID 77TH AVENUE SOUTH FOR A DISTANCE OF 170.31 FEET; THENCE SOUTH 83°52'17"WEST,45.00 FEET TO A POINT ON THE WEST LINE OF A 20-FOOT-WIDE STORM DRAINAGE EASEMENT RECORDED UNDER RECORDING NUMBER 199106271376,RECORDS OF KING COUNTY,WASHINGTON AND BEING THE POINT OF BEGINNING; THENCE NORTH 13°51'24"WEST, 33.54 FEET; THENCE SOUTH 86°48'33"WEST, 15.63 FEET; THENCE NORTH 03°11'27"WEST,46.00 FEET; THENCE NORTH 86°48'33"EAST, 15.63 FEET; THENCE NORTH 07°28'30"EAST, 9.15 FEET TO SAID WEST LINE OF SAID STORM DRAINAGE EASEMENT; THENCE ALONG SAID WEST LINE SOUTH 06°07'43"EAST,88.07 FEET TO THE POINT OF BEGINNING. (CONTAINING:±957 SF) 05/18/2023 WAs,,l T 4ce 0016 � ip 0/slFI 1 l I 21391 —DUKE REALTY 21391 L.007—OBH November 30,2022 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 4/5 8/7/23, 10:40 AM Landmark Web Official Records Search Instrument Number:20230726000717 Document:EAS Rec: $207.50 Page-5 of 5 Record Date:7/26/2023 3:57 PNI King County,WA EXHIBIT B N (P.O.C.) CITY OF KENT CONTROL No. 8841 FOUND ENCASED 2.5 INCH DOMED BRASS DISC, 0.35' BELOW GRADE AT THE INTERSECTION OF S. 202ND STREET & 77TH AVENUE S. SCALE V-100' N88'12'35"W S 202 ST (PUBLIC ROW) _ S06'07'43"E HT PROPOSED RIG OF ,, 88.07' WAY DEDICATION o N07'28'30"E 9.15' ° N86'48'33"E 15.63, o NO3'11'27"W 46.00' 1 `4; 1 1 TOTAL EASEMENT AREA 11 J -4 t$57 S.F. -4 —1 S86'48'33"W 15.63' 2 N13'51'24"W 33.54' G m PARCEL A P'0'B' S83'52'17"W LOT LINE ELIMINATION 45.00' c REC. NO. 20210901000682 03 APN. 6315000040 20'0 n 20' STORM 25.°' rzJW 0 DRAINAGE EASEMENT REC. NO. 9106271376 C 1 kI t I P:\21000s\21391\survey\21391—EXH07—ESMT—PUBLIC STORM.dwg 5/18/2023 8:54 AM OHILLE SCALE For: JOB NUMBER HORIZONTAL 1"=100' VERTICAL N/A DUKE REALTY 21391 Barghausen LIMITED PARTNERSHIP 21J91L.007.DOC Consulting Engineers,Inc. 18215 72nd Avenue South Title: SHEET Kent,W 98032 STORM 425.2S1,6222 barghausen.com EASEMENT DRAWN ..___. - CHECKE _._ _ l f._ APPROVED._,,Qj.H-,., DATE . j ._2 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 5/5