HomeMy WebLinkAboutCAG2024-004 - Original - Westridge Townhomes Owners Association - Watermain Easement - 01/03/2024 run 1.11 T ur nCIV i urrIUTAL UDC u1VLT
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)
w A s H I N G T o N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik Wilcox Public Works
Date Sent: Date Required:
> 12/18/2023 12/26/2023
O
fl. Authorized to Sign: Date of Council Approval:
o'
Q aMayor or Designee N/A
Budget Account Number: Grant? Yes NOD
Budget?❑Yes[:]No Type: N/A
Vendor Name: Category:
Westridge Townhomes Owner Association Contract
Vendor Number: Sub-Category:
Original
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Project Name: Watermain Easement
Project Details: adjacent
Easement to allow PW 0 s to connect to water for ad
o p j
= city-owned vactor parcel; new hydrant to be installed.
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Agreement Amount: 0
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
i Start Date: Termination Date:
at
Q Local Business? Yes❑No*Ifrneets requirements per KCC 3.70.100,please complete"Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: Yes 1-1 In-Process F1 Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No
Comments:
1 Mayor Ralph - Please sign and have your signature notarized on the 4th
page of this packet. Thank you! N Cheryl R-W
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°C 1/8/24 - Pulled recorded version
> from KC website. M.M.
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Date Received:City Attorney: 12/18/23 Date Routed:Mayor's Office 12/20/23 City Clerk's Office
adccw22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Instrument Number:20240104000136 Document:EAS Rec: S308.50 Page-1 of 6
Record Date:1/4/2024 9:10 AM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY GISSELLE ACOSTA,DEPUTY
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Westridge Townhomes Owners Association
Grantee: City of Kent
Abbreviated Legal Description: Ptn. Westridge Townhomes, Vol. 71 of Condos pgs.
10-13.
Additional Legal Description on: Exhibit "A,"
Assessor's Tax Parcel ID No. 931600-0000 STR: 22-22N-4E
Project: Watermain Extension
UTILITY EASEMENT
Westridge Townhomes Owners Association, a Washington nonprofit
organization ("Grantor") is the owner of real property located in the City of Kent
commonly known as Westridge Townhomes, a Condominium, a portion of which is more
particularly described in the legal description attached as Exhibit "A" (the "Property").
City of Kent, a Washington municipal corporation ("Grantee"or"City") desires
to install a watermain with necessary appurtenances and other related utilities on the
Grantor's Property ("Project").
Grantee desires to use the Property in connection with the construction, operation,
and maintenance of the Project.
AGREEMENT
1 Grant of Easement. 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 the City, its successors and/or assigns, a perpetual easement
("Easement") for a watermain with necessary appurtenances and other related utilities,
including use of incidental areas immediately adjacent thereto, over, through, under,
across and upon the graphically in Exhibit ("Easement
ment Area").
1
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Instrument Number:20240104000136 Document:EAS Rec: S308.50 Page-2 of 6
Record Date:1/4/2024 9:10 AM King County,WA
2. Pur of Easerent. Grantee, its agents, contractors, and permittees,
may use the Easement Area, including use of incidental areas immediately adjacent for
the purpose of Project installation, operation, maintenance, extending, constructing,
altering, reconstructing, and repair of the Project.
Grantee 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 Project and other
related utilities at City's sole cost and expense; provided that the alteration, installation,
operation, maintenance, extension, construction, repair and reconstruction shall be
accomplished in such a manner that the private improvements existing within this
EasementArea, including incidental areas, shall be not disturbed, damaged or destroyed.
In the event the private improvements existing within the Easement Area, including
incidental areas, are disturbed, damaged or destroyed, they will be restored or replaced
to as good condition or better condition than they were immediately before the Property
was entered upon by the Grantee.
3. Grantor's Use of Easement Area. 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 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 approved in advance by Grantee, in any manner that
would unreasonably interfere with ingress, egress and access by Grantee or adversely
affect the existing utility and/or the utility to be installed therein.
4. eresentations and Indemnifications. Grantee will 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 will
indemnify Grantor from and against any and all claims, costs, liabilities, and/or damages
that arise from the exercise of the rights granted in this Easement by Grantee, its agents,
contractors and permittees to the extent such claims, costs, liabilities and/or damages are
caused by an act or omission of Grantee, its agents, contractors and permittees. To the
extent permitted by RCW 4.24.115, Grantee's obligations under this indemnity shall not
apply to the extent that any such claims, costs, liabilities and/or damages arise from the
negligence of Grantor, or Grantor's employees, agents, and/or contractors.
5. indin ffect. This Easement shall be a covenant running with the land
forever and shall be binding on Grantor's successors, heirs, and assigns.
. Insurance. During the term of this Easement, Grantee must maintain
commercial general liability insurance with reasonable limits of liability covering Grantee,
its agents, contractors and permittees as to the exercise of Grantee's rights under this
Easement within the Easement Area. Grantee must provide Grantor, upon request,
certificates of insurance evidencing such coverage. Grantee may provide the coverage
I'
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Instrument Number:20240104000136 Document:EAS Rec: S308.50 Page-3 of 6
Record Date:1/4/2024 9:10 AM King County,WA
required herein under blanket policies provided that this coverage is not diminished as a
result.
7. Grantor and Grantee agree that in the event it becomes
necessary for either of them to defend or institute legal proceedings as a result of the
failure of the other to comply with this Easement, it is understood and agreed that the
prevailing party in Such litigation will be entitled to be reimbursed for all costs incurred or
expended in connection therewith, including, but not limited to, reasonable attorney's fees
(including paralegal fees and fees for enforcement of a judgment or any appeals) and
court costs.
8. Condemnation. This Easement is granted in lieu of a threat of condemnation.
. aecording. Grantee will record this Easement in the real property records of
King County, Washington.
Crated and signed on this V�--day of _ _ _, 2023•
GRANTOR:
Westrid a Townhomes Owners Association, a 'Washington nonprofit corporation
Date:
Name: �a Ann Zino
Its: President
STATE OF WASHINGTON }
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that MARYANN ZITO is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the President of WESTRIDGE TOWNHOMES OWNERS
ASSOCIATION, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated. I 12023.
(SEAL/ TAMP)
SOW
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e L TARY PUS IC fo h S to of Wash gton
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Instrument Number:20240104000136 Document:EAS Rec: S308.50 Page-4 of 6
Record Date:1/4/2024 9:10 AM King County,WA
ACCEPTED:
CITY OF KENT
Ile
2
Dy: Dana Ral h
Title: Ma V or
Date:
4
Instrument Number:20240104000136 Document:EAS Rec: 5308.50 Page-5 of 6
Record Date:1/4/2024 9:10 AM King County,WA
EXHIBIT—A
PORTION OF TAX LOT 9316000000
UTILITY EASEMENT
THAT PORTION OF THE WE TRIUGE TOWNHOMES AS RECORDED UNDER VOLUME 71
OF CONDOS PAGES 10-13, IN THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN DING
COUNTY, WA HINGTON, LYING WITHIN A STRIP OF LAND 15 FEET IN WIDTH, 7.50 FEET
EACH SIDE OF THE FOLLOWING DESCRIBED CE.NTERLINE,
BEGINNING AT A POINT ON THE WESTERLY MARGIN OF SIR 516, HIGHWAY
ENGINEER'S STATION 7+15.73 RIGHT 68.37 FEET, OF THE. F5a•LINE AS SHOWN ON
STATE HIGHWAY MAP R 516 JC:T R 5 TO JC:T" R 167, SHEET 3 OF 6, DATED MAY 3�",
1969; THENCE. 40"46'07"W 39.00 FEET, SAID POINT BEING AT STATION +31.26 RIGHT
103.76 FEET OF SAID F5 LINE, SAID POINT ALSO BEING THE TERMINUS OF THE HEREIN
DESCRIBED LINE.
'THE SIDELINES OF SAID STRIP OF LANCE SHALL BE EXTENDED OR SHORTENED A
REQUIRED AT THE WESTERLY MARGIN OF SR 516.
CONTAINING 565 SQUARE FEET, MORE OR LESS.
23U0 47,0
Instrument Number:20240104000136 Document:EAS Rec: S308.50 Page-6 of 6
Record Date:1/4/2024 9:10 AM King County,WA
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