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CAG2023-476 - Original - Schneider Homes, Inc. - Utility Easement: Emery Landing - 09/13/2023
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: > 09/07/2023 09/11/2023 0 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 Vendor Nam Category: Schneider Homes Inc Contract Vendor Number: wr Sub-Category: Supplement Project Name: Emery Landing E i = Project Details: Utility Easement c a Agreement Amoun Basis for Selection of Contractor: E I- Start Date: 09/07/2023 Termination Date: CA 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 CAG2023-476 Date Received by City Attorney: Comments: 09/07/2023 PLEASE HAVE MAYOR SIGN AND RETURN TO ME VIA EMAIL. 3 0 -AMY WATERS a 1A •� i � 3 � a+ f0 p� Date Routed to the Mayor's Office: 09/13/2023 Vf [Date Routed to the City Clerk's Office: 09/14/2023 adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements ` ' Instrument Number:20230919000132 Document:EAS Rec: 5208.50 Page-1 of 6 Record Date:9/19/2023 8:30 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON,DEPUTY WHEN RECORDED RETURN TO: City Clerk City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: Schneider H.omq -Jpg. a Wobjpgtqn Cor oration Grantee: i of Kent Abbreviated Legal Description Lo Kent LL-2 - c. No.02 072 3000®6 Additional Legal Description on: Exhibit"A" Assessor's Tax Parcel ID No. 202205-9128 STR: 20-22-5 Project: Emery Landing UTILITY EASEMENT Sch r Ho nc or orb i n ("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 City of Kent, a Washington municipal corporation ("Grantee" or "`City"), its successors and/or assigns, a perpetual easement for public utilites with necessary appurtenances and other related utilities, including use of incidental areas immediately adjacent for the installation, operation, maintenance,extension,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"" °"(the""Easement Area"). Grantor agrees that this easement touches and concerns the land described in Exhibit A, and that this easement shall run with the land. City 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 adjacent areas with the necessary equipment for the purposes of altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of the public utilites and other related utilities, without incurring any legal obligation or liability; provided however that the private improvements existing within this Utility Easement page 1 of 3 Instrument Number:20230919000132 Document:EAS Rec: S208.50 Page-2 of 6 Record Date:9/19/2023 8:30 AM King County,WA Easement Area, including immediately adjacent incidental areas, shall not be disturbed, destroyed or disrupted in any form or fashion, 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 City. Grantor shall retain the right to use the surface of the Easement Area, including the 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 the City, in any manner that would unreasonably interfere with ingress, egress and access by the City or adversely affect the existing utility and/or the utility to be installed therein. City 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. City accepts the Easement Area in its present physical condition, AS IS. City 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 City, its servants, agents, employees and contractors of the rights granted in this easement. This easement shall be a covenant running with the land forever and shall be binding on Grantor's successors, heirs, and assigns. GRANTOR: Nam U Title. Date° _ , (Notary Acknowledgment on Following Page) Utility Easement Page 2 of 3 Instrument Number:20230919000132 Document:EAS Rec: S208.50 Page-3 of 6 Record Date:9/19/2023 8:30 AM King County,WA STATE OF WASHINGTON } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they si ned this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it as thea�sot�. Hof Schneider, Ho �es In Wasfin tnm Car�owration, 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- IN WITS HEREOF, I have hereunto set my hand and official seal the day and years en. (Sig atur NOTARY P LIC in and for the State u � of Washington residing at My appointment expires h. I ACCEPTED: CITY OF KENT 0 By: Danan Title:_ Date: 09/13/2023 Utility Easement Page 3 of Instrument Number:20230919000132 Document:EAS Rec: S208.50 Page-4 of 6 Record Date:9/19/2023 8:30 AM King County,WA EXHIBIT A LEGAL DESCRIPTION OF UTILITY EASEMENT D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 21092 07/17/2023 A 10.00 FEET UTILITY EASEMENT UNDER AND ACROSS THE SOUTH 10.00 FEET OF THE NORTH 27.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88043'14" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 598.00 FEET; THENCE SOUTH 01029'21" WEST PARALLEL TO THE EAST LINE OF SAID SUBDIVISION A DISTANCE OF 20.00 FEET TO THE SOUTH MARGIN OF SOUTHEAST 248TH STREET AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01029'21" WEST A DISTANCE OF 280.00 FEET; THENCE NORTH 88043'14" WEST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION DISTANCE OF 30.53 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 01°17'24" EAST ALONG SAID WEST LINE,A DISTANCE OF 280.00 FEET TO THE SOUTH MARGIN OF SOUTHEAST 248TH STREET; THENCE SOUTH 88043'14" EAST ALONG SAID MARGIN LINE 31.57 FEET TO THE POINT OF BEGINNING; (ALSO BEING KNOWN AS ADJUSTED PARCEL A, CITY OF KENT LOT LINE ADJUSTMENT NO. LL-99-15, RECORDED UNDER RECORDING NO. 19990701001537, RECORDS OF KING COUNTY, WASHINGTON) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH: A 10.00 FEET UTILITY EASEMENT UNDER AND ACROSS THE SOUTH 10.00 FEET OF THE NORTH 27.00 FEET OF THAT PORTION OF THE NORTHWEST Instrument Number:20230919000132 Document:EAS Rec: 5208.50 Page-5 of 6 Record Date:9/19/2023 8:30 AM King County,WA QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M., CITY OF KENT, KING COUNTY,WASHINGTON; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,TOWNSHIP 22 NORTH,RANGE 5 EAST, W.M. IN KING COUNTY,WASHINGTON; THENCE WEST ALONG THE NORTH LINE THEREOF 436 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION, 300 FEET; THENCE WEST PARALLEL WITH THE SAID NORTH LINE 162 FEET; THENCE NORTH PARALLEL WITH SAID EAST LINE, 300 FEET; THENCE EAST ALONG SAID NORTH LINE 162 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITH IN SE 248TH STREET; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SAID UTILITY EASEMENT CONTAINS 1,933 SQUARE FEET, MORE OR LESS. OP p' O s41t f �+ O ✓ a 50708 ;4 3 R:12 021 10121 092 12 Documents Tegalsl Utility EsmtlExhibitA_UtilityEsmt 21092.doc Instrument Number:20230919000132 Document:EAS Rec: S208.50 Page-6 of 6 Record Date:9/19/2023 8:30 AM King County,WA EXHIBIT B DEPICTION OF UTILITY EASEMENT ow o , z cn SE 248TH ST. [ M — �' N N88'42'36"W 193.50' N io 10' UTILITY EASEMENT 0 1,933f SQ. FT. 00 0 to mop O zoco o CO w�N-Ln IN N Y l o Jp O J Ld z N I ~z0 o �Qz co M Q L O J Q UZrnp z �wrno I 00 Q Y l r UNPLATTED N ��Jp o 0 rn TAX PARCEL NO. NORTH ��0 202205-9128 � GRAPHIC SCALE �UQzI Ln \i a 0 25' 50' 75' J w o 1 INCH =50 FT. z o I Z o (i oLd z p \ L�of I C�OR�� z r OF WA W ~ r� J LL 0 G� ,A � 50708 4 1 S T N88'42'36"W 192.53' °NAL LA1 CITY OF KENT LLA NO. LL-2000-8 REC. NO. 20000516001469 COPYRIGHT O 2023, D.R. STRONG CONSULTING ENGINEERS INC. EMERYLANDING PROJECT BY. DLCR: UTILITY EASEMENT © �'� FIELDDRAF B K IA r�> � ���%�i i FIELD BOOK N/A DATE.• 07-17-M23 TAX PARCEL NOS.202205-9128&202205-9030 D.R.STRONG PROJECT NO.: 21092 EXHIBIT B CONSULTING ENGINEERS ENGNCERS AMAMS WgVEroRS ORAw/Na: EXHIBIT B dPV-TNAVFNIJE/OPoQArW,WA8969.9 SHEET.• 1 OF 1 042AAW...90Qa F4ZJ2r,.2W