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Home My WebLink AboutCAG2023-428 - Original - HRP Properties 4, LLC - Utility Easement - 08/08/2023 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: > 08/04/2023 8/10/2023 QAuthorized to Sign: Date of Council Approval: Q �✓ Mayor or Designee 5/3/2022 Budget Account Number: Grant? Yes No�✓ Budget? Yes E]No Type: N/A Vendor Name: Category: HRP #4 LLC Contract Vendor Number: Sub-Category: 2279546 Original 0 Project Name: Mill Creek at 76th Ave Flood Protection Imp./20-3028 3- Project Details: 0 Utility Easement c 40 c a� — Agreement Amount 10.00 Basis for Selection of Contractor: E *Memo to Mayor must be attached Start Date: 108/08/2023 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) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓❑No CAG2023-428 Comments: Mayor Ralph - Please sign the attached Utility Easement (4th page of this packet). Thx! Cheryl R-W � c 3 0 a Date Received:City Attorney: 8/7/23 Date Routed:Mayor's Office 8/8/23 'ty Clerk's Office 8/9/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Instrument Number:20230811000030 Document:EAS Rec: 5207.50 Page-1 of 5 Record Date:8/11/2023 8:10 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: HRP Properties 4, LLC Grantee: City of Kent Abbreviated Legal Description: Ptn. Parcel 13 Kent Short Plat No. SPC-88- 12 Rec. No. 8808290764 and Ptn. Lot 2 Kent Short Plat No. SPC-78-25 Rec. No. 7812200849 Additional Legal Description on: Exhibit "A" Assessor's Tax Parcel ID No. 122204-9024 STR: 12-22N-4E Project: Mill Creek at 76th Ave Flood Protection Imp./20-3028 UTILITY EASEMENT HRP Properties 4, LLC, a Washington limited liability company ("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 of Kent, a Washington municipal corporation ("Grantee" or "City"), its successors and/or assigns, in lieu of condemnation, a perpetual easement for a watermain with necessary appurtenances and other related utilities, including use of incidental areas immediately adjacent for the installation, operation, maintenance, extending, 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 "B" (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, Utility Easement Page 1 of 3 Instrument Number:20230811000030 Document:EAS Rec: 5207.50 Page-2 of 5 Record Date:8/11/2023 8:10 AM King County,WA operation, maintenance, extending, constructing, repair and reconstructing of the watermain 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 Easement Area, including incidental areas, shall not be disturbed or destroyed, or in the event they are disturbed and destroyed, they will be replaced in as good condition as they were immediately before the property was entered upon by City. 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 as approved in advance by City, in any manner that would unreasonably interfere with ingress, egress and access by City or adversely affect the existing utility and/or the utility to be installed therein. This Easement shall be a covenant running with the land forever and shall be binding on Grantor's successors, heirs, and assigns. GRANTOR: HRP Properties 4, LLC, a Washington limited liability company By: Name: Title: I s L Date: (Notary Acknowledgment on Following Page) Utility Easement Page 2 of 3 Instrument Number:20230811000030 Document:EAS Rec: 5207.50 Page-3 of 5 Record Date:8/11/2023 8:10 AM King County,WA STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that P�MV_ SWW 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 HRP Properties 4, LLC, 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: /'2-q 202 3 -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first �pove written. ` 1%14 14 f?"" \,\NA OC/i/' ,,91 p 15-20 NpTA (Signature) PUBUC NOTARY PUBLIC, in and for the State ss�OnNumbe<�� of Washington, residing attF e`�o> OF g°°�'/ s\-\l`�x.��`` My appointment expires eddgdd j"Slo YP9.`O` '4 \ ACCEPTED: CITY OF KENT � A�Dan ByLal Title: Mayor Date: 08/08/2023 Utility Easement Page 3 of 3 Instrument Number:20230811000030 Document:EAS Rec: S207.50 Page-4 of 5 Record Date:8/11/2023 8:10 AM King County,WA EXHIBIT A TAX LOT 1222049024 UTILITY EASEMENT THAT PORTION OF PARCEL B, CITY OF KENT SHORT PLAT NO. SPC-88-12, RECORDED UNDER RECORDING NO. 8808290764, AND THAT PORTION OF LOT 2, CITY OF KENT SHORT PLAT NO. SPC-78-25, RECORDED UNDER RECORDING NO. 7812200849, 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 NORTHEAST CORNER OF SAID PARCEL B, THENCE N88039'23"W, ALONG THE NORTH LINE THEREOF, 135.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, 15.00 FEET; THENCE S0058'52"W 139.05 FEET; THENCE S89001'22"E 59.37 FEET; THENCE S0058'46"W 45.00 FEET; THENCE S89001'14"E 5.00 FEET; THENCE S0058'46"W 190.35 FEET; THENCE S88026'31"E 15.00 FEET; THENCE N0058'46"E 235.51 FEET; THENCE S89001'14"E 71.15 FEET TO THE EAST LINE OF SAID PARCEL B; THENCE N0058'38"E, ALONG SAID EAST LINE, 15.00 FEET; THENCE N89001'14"W 135.51 FEET; THENCE N0058'52"E 123.96 FEET TO THE AFOREMENTIONED NORTH LINE OF SAID PARCEL B AND THE POINT OF BEGINNING. (ALSO KNOWN AS A PORTION OF NEW LOT 2-B, CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-90-20, RECORDED UNDER RECORDING NO. 9006261155, RECORDS OF KING COUNTY, WASHINGTON.) CONTAINING 7,874 SQUARE FEET, MORE OR LESS. zurzu 04,0815 •4R` ��•i..`= t �.ii iW � y 6/1/2023 Instrument Number:20230811000030 Document:EAS Rec: S207.50 Page-5 of 5 Record Date:8/11/2023 8:10 AM King County,WA EXHIBIT B I ' TAX LOOT#1222049110 I 40' I 1 I I 135.5' I P.O.B. I I P.O.C. I NE COR PARG L B ri PARCEL B04 I I CPC-88-12 I I I I I I 7,874 SQ. FT. 135.51' 15' 59.37' 71.15' I - - - - - - - - 5' - - - - I Ito lLq LO I � I Cl I N `� I O I r I LOOT 2 SPC-77-25 I I I U I I I 40' NIMPORTANT: 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. HRP PROPERTIES 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. WASHINGTON EXHIBIT CITY OF KENT SCALE: 1"=80 B LAND SURVEY SECTION I DATE: 06/01/2023