HomeMy WebLinkAboutCAG2023-495 - Original - Earle M. Jorgensen Company - Utility Easement: Mill Creek at 76th Ave Flood Protection Improvement - 09/21/2023 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 09/19/2023 9/26/2023
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee 5/3/2022
Budget Account Number: Grant? Yes No�✓
Budget? Yes Type: N/A
Vendor Name: Category:
Earle M. Jorgensen Company Contract
Vendor Number: Sub-Category:
Original
0
Project Name: Mill Creek at 76th Ave Flood Protection Imp./20-3028
3- Project Details:
0 Utility Easement
c
40
c
(11.111 Agreement Amount: Q,QQ
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
i Start Date: Termination Date:
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) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2023-495
Comments:
Mayor Ralph - Please sign the attached Utility Easement (4th page of this
packet). Thx! Cheryl R-W
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0
a,
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Date Received:City Attorney: 9/19/23 Date Routed:Mayor's Office 9/21/23 'ty Clerk's Office 9/22/23
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Instrument Number:20230922000590 Document:EAS Rec: 5209.50 Page-I of 7
Record Date:9/22/2023 3:33 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY WILLIAM TIER-NAN,DEPUTY
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Earle_ m Jorge1jaerLC w�� .�iy.
Grantee: CLty of Ken
AbbreviatedDescription: � Ptn. P rc l_ , Kent._ShortPlat No. SPCW_ -
12 Rec. No. 8808290764
Additional t Description on: Exhibit ."__�
Tam Parcel ID No. _ 1f .. ' : 12-2 1 -4
Project: Mill Creek at 761h Ave Flood Prot cti r�- r / - ..m.
UTILITY EASEMENT
Earle M. Jorgensen Company,, a Delaware corporation ("Grantor"), for
and in consideration of e'en Dollars and o/10 ( .0.00) and/or other, valuable
consideration, receipt of which is hereby acknowledged, grants to the City of Kent,
Washington uni ration "'Grantee" or "'City"), its successorsand/or
assigns, in lieu of condernnation, a perpetual easement for a certain watermain with
necessary appurtenances and other related Utilities, inducting use of incidental areas
immediately adjacent for, the installation, operation, maintenance, extending,
construction, altering, reconstructing and repair over, through, render, across and
upon the property situated in King County, Washington, specifically described in
Exhibit "A" and graphically depicted in it " " (the "Easement Area").
Grantor agrees that this easement torches and concerns the land described in Exhibit
, and that this easement shall run with the land.
City shall have the right at tires as may be necessary, without prior institution
of snit or proceeding at lain, to enter the Easement area and immediate adjacent
areas with the necessary equipment for the purposes of altering, installation,
Utility Easement Page I of
44066.9,
Instrument Number:20230922000590 Document:EAS Rec: S209.50 Page-2 of 7
Record Date:9/22/2023 3:33 PM King County,WA
operation, maintenance, extending, constructing, repair and reconstructing of the
watermain and other related utilities at ity`s sole cost and expense; provided that
the alteration, installation, operation, maintenance, extension, construction, repair
and reconstruction shall be accomplished in such a manner r that the private
improvernents existing within this EasementArea, including incidental areas, shall not
be disturbed or destroyed, r in the event they are disturbed and destroyed, they gill
be replaced in as goad condition as they were immediately before the property was
entered upon by City.
All work performed y or on behalf of Grantee pursuant to this Easement shall
b (1) done at Grantee's sale cost and expense, ( ) done only upon reasonable prior
written notice to Grantor, ( ) done in a manner r so as not to unreasonably or
Substantially int rrUpt or interfere with Grantor's ownership, operation or use of the
Grantor's lands abutting the Easement Area (including without limitation any utility
service thereto), ( ) performed pursuant to all necessary licenses arid permits
required for the work, which licenses and permits shall be obtained prig to the
cornmenc rn nt thereof at the sale cost and expense of Grantee, ( ) dens in a good
and workmanlike manner, and free from defects and deficiencies, latent or otherwise,
Grantee shall not place, or, cause or permit to be placed, any lien, charge or-
other encumbrance, including mechanic's liens, on the Easement Area and shall
indemnify, defend and hold harmless Grantor for any losses, darnag s, costs,
expenses (including reasonable attr rn ys"fca s) and liabilities suffered or incurred by
the Grantor relating to any such lien, charge or encumbrance,
Grantee shall indemnify, defend, and held harmless Grantor, its shareholders,
officers, directors, employees, agents, successor's and assigns (the "'Indemnified
'arties") from and against all claims on account of any damages, injuries, or costs
(including reasonable legal costs and attorneys' foes), except for that portion of the
damages, injuries, car costs and fees incurred caused by the Grantor's negligence.
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 rises described
herein, ender 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
City, in any manner that would Materially and unreasonably interfere with ingress,
egress and access by City or adversely affect the existing utility and/or the utility to
be installed therein.
Utility Easement Page 2 of
44%&1
Instrument Number:20230922000590 Document:EAS Rec: S209.50 Page-3 of 7
Record Date:9/22/2023 3:33 PM King County,WA
This Easement shall be a covenant running with the lard foreseer and shall be
binding on Grantor's successors, heirs, and assigns.
GRANTOR:
Earle M. Jorgensen Company, a Delaware
corporation
Na
6 ide.
(Notary Acknowledgment on Following Page)
Uti ty Easement 'age 3 of
066A
Instrument Number:20230922000590 Document:EAS Rec: S209.50 Page-4 of 7
Record Date:9/22/2023 3:33 PM King County,WA
STATE OF WA Hi( GTG l �
ss. See attached California acknowledgment
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 signed this
instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it as the of Earle M. Jorgensen Company,, a Delaware
lirnitod liability company, to be the frog and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Ltd
-Notary Seal Must Appear Within This Box-
IN IT iE HEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
y appointment expires
ACCEPTED:
CITY OF DENT
By: Dana
Title: MgyQr
Efate: 09/21/2023
Utility Easement Page 4 of 4
44066.1
Instrument Number:20230922000590 Document:EAS Rec: S209.50 Page-5 of 7
Record Date:9/22/2023 3:33 PM King County,WA
04LIFOhNIA ALL-PURPOSS ACKNOWLISIDGMENT OIVIL,CODE 1199
A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the
document to which this oerflflcate Is attached,and not the truthfulness,accuracy,or validity of that document,
State of California
County of Los All ales *� }
" - ; on David Wale ;Notar Public
�
On �E ? beforePorrle,
Late Here insert Name and Title of the Officer
personally appeared ) 1 : ut f
Name(s)of Sfgner(s)
who proved to me'on the basis of satisfactory evidence to bd the persoh(s) whose name(s) Is/are
subscribed 'tb the within Instrument and acknowledged to me that he/she/they executed the same In
his/her/their authorited capacity(les), and that by hls/her/their signatures)on the Instrument the person(s),,
or'the entity.upon behalf of which the person(s) acted, executed the Instrument.
I certify under PPNALT"Y OF PERJURY under the laws
of the State of California that the foregoing paragraph
Is true and correct,
WITNESS my hand and official seal,
JQN E�RYIIE� �'�LKg
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing'this Information can deter'alteratlon of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document; - Document;Date;
Number, of Pages: � Slcd.ner(s) ether Than Named Above;
Capaclty(les) Claimed bySigner(s)
Signer's Name: _ Signer's Name:
D Corporate Officer — Tltle(s): 0 Corporate Officer — Title(s):
0 Partner 13 Urnited ;Q General 0 Partner 0 Limited ®General
Cl Individual 0 Attorney In Pact EJ Individual D'Aitorney In Fact
0 Trustee ED Guardian or Conservator 0 Trustee ,M Guardian or Conservator
0 Other: 0 Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Assoclatlon °www,NatlonalNotary,org , 1-800-US NOTARY(1.800.876-6827) Item#6907
Instrument Number:20230922000590 Document:EAS Rec: S209.50 Page-6 of 7
Record Date:9/22/2023 3:33 PM King County,WA
EXHIBIT A
TAX LOT 1222049110
UTILITY EASEMENT
THAT PORTION OF PARCEL A, CITY OF KENT SHORT PLAT NO. SPC-88-12,
RECORDED UNDER RECORDING NO. 8808290764, RECORDS OF KING COUNTY,
WASHINGTON, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE
MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL A, THENCE
N0058'38"E, ALONG THE EAST LINE THEREOF, 22.30 FEET TO THE POINT OF
BEGINNING; THENCE N89001'14"W 135.50 FEET; THENCE S0058'52"W 21.44
FEET TO THE SOUTH LINE OF SAID PARCEL A; THENCE N88039'23"W, ALONG SAID
SOUTH LINE, 15.00 FEET; THENCE N0058'52"E 47.84 FEET; THENCE S89001'14"E
11.50 FEET; THENCE S0058'46"W 11.50 FEET; THENCE S89001'14"E 139.00 FEET
TO SAID EAST LINE OF SAID PARCEL A; THENCE SOUTHERLY, ALONG SAID EAST
LINE, 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,711 SQUARE FEET, MORE OR LESS.
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6/1/2023
Instrument Number:20230922000590 Document:EAS Rec: S209.50 Page-7 of 7
Record Date:9/22/2023 3:33 PM King County,WA
EXHIBIT B
I I
I I
I I
I I
I
140' I
I I
I I
I I
I
I I I
I co
TAX LOT#1222049110
PARCEL A
SP C-88-12 I Q I
� I
I I ~ I
I I
11.5' I
11.5' I 20' I
139'
2,711 SQ.FT I
14 �21.44' 135.5' P.O.B. I
15
I 22.30, I
SE COR I I PARCEL A I
TAX LOT#1222049024 I 40'
PARCEL E
N SPC-88-12
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 ASSUMED BY REASON OF
Project#08-3019 RELIANCE HEREON.
JORGENSEN
LOCATED IN THE SE 1/4 OF THE SW UTILITY EASEMENT
1/4 OF SEC 12,TOWNSHIP 22 N, KENT DRAWN BY: JF
RANGE 4 E,W.M. WASMIMOTOM EXHIBIT
CITY OF KENT SCALE: 1"=80'
LAND SURVEY SECTION I DATE: 6/1/2023 B