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HomeMy WebLinkAboutCAG2024-027 - Original - Kent School District 415 - Bezos Academy: Utility Easement - 01/22/2024 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. W A S H I N G T O N (Print on pink or cherry colored paper) Originator: Department: Amy Waters ECD Date Sent: Date Required: > 01/17/2022 01/19/2022 0 Q Authorized to Sign: Date of Council Approval: CL ❑Director or Designee 0 Mayor Q Budget Account Number: Grant? ❑Yes El No Budget? ❑Yes ❑ Type: N/A Vendor Nam • Category: Kent School District 415 Contract Vendor Number: Sub-Category: Original 0 Project Name: Bezos Academy E Project Details: Fire line Water Easement c a� Agreement Amoun $ 10.00 Basis for Selection of Contractor: i Start Date: 01/19/2024 Termination Date: Notice Required Q Local Business? ❑Yes ❑ No* *If meets requirements per KCC 3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes ❑ No CAG2024-027 Date Received by City Attorney: Comments: = PLEASE HAVE MAYOR SIGN AND 01/18/2024 RETURN TO ME VIA EMAIL. 3 0 -AMY WATERS Date Routed to the Mayor's Office: 01/22/2024 in [Date Routed to the City Clerk's Office: 01/22/2024 aaccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements Instrument Number:20240131000137 Document:EAS Rec: S308.50 Page-1 of 6 Record Date:1/31/2024 8:16 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY HELEN HUANG,DEPUTY WHEN RECORDED RETURN TO: City Clerk City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: Kent Scheel District 415 Grantee: City of Kent Abbreviated Legal Description: YESLERS 1ST ADD TO KENT 1-2-3 & 10-11-12 & POR VAC ST AD] 1 & 12 BLK 18 T W LOTS 1-12 BLK 19 & POR VAC ST AD] 6-7 Additional Legal Description n: Exhibit"A" Assessor's 'Tax Parcel ID No. 982570-113 : Sec. 24 Twshp. 22 R e. 4 Project: Fire Service Plan for 317 4th Ave. S. Kent WA 98032 UTILITY T Kent School District 415 ("Grantor"), for and in consideration of Ten Dollars and No/10 ($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 a water line 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 "® `® and graphically depicted in Exhibit " S8 (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 water line and ether related utilities, without incurring any legal obligation or liability; provided however that the private improvements existing within this Easement Area, including immediately adjacent incidental areas, shall not be Utility Easement Page 1 of Instrument Number:20240131000137 Document:EAS Rec: S308.50 Page-2 of 6 Record Date:1/31/2024 8:16 AM King County,WA disturbed, destroyed or disrupted in any forth 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 attorneys 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: By:_ - Name: Cate: (!Votary Acknowledgment on Following Page) Utility Easement Page 2 of 3 Instrument Number:20240131000137 Document:EAS Rec: S308.50 Page-3 of 6 Record Date:1/31/2024 8:16 AM King County,WA STATE OF WASHINGTON ) } ss. COUNTY OF KING } i certify that I know or have satisfactory evidence that (-Es the person who appeared before rye, 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 a , 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 WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. �102 2 0 400 5 (Signature) �s�rrrs � ��� NOTARY PUBLIC, in and for tqe St to �' of Washington, residing at �rOF W_Polk �t �� My appointment expires m �� ACCEPTED: CITY OF KENT �y: Cana Ralph Title: Mavor _ Date: 01/22/2024 Utility Easement Page 3 of Instrument Number:20240131000137 Document:EAS Rec: S308.50 Page-4 of 6 Record Date:1/31/2024 8:16 AM King County,WA Kent School District Kent Early Learning Center Job No. 1752-003-023 December 6,2023 EXHIBIT A LEGAL DESCRIPTION FOR THE PROPERTY Lots 1, 2, 3, 10, 11 and 12, Block 18, and Lots 1 through 12, Block 1 ,Yesler's First Addition to the Town of Kent, according to the plat thereof recorded in Volume 5 of Plats, records of King County,Washington; Together with vacated street between Blocks 18 and 19. Situate in the County of King,State of Washington. \\esm8\engr\esm-i obs\17s2\003\o23\document\le8a l-Ool.doc T. 12/07/22 Instrument Number:20240131000137 Document:EAS Rec: 5308.50 Page-5 of 6 Record Date:1/31/2024 8:16 AM King County,WA Kent School District Kent Early learning Center Job No.1752-003-023 December 6,223 EXHIBIT B LEGAL DESCRIPTION FOR WATER LINE EASEMENT A portion of the Southwest quarter of the Northeast quarter of Section 24,Township 22, Range 4 East,Willamette Meridian,City of Kent,County of King,State of Washington; Also being a portion of lots 1, 2, 3, 10, 11 and 12, Block 18, and lots 1 through 12, Block 1 , Yesler's First Addition to the Town of Kent,according to the plat thereof recorded in Volume 5 of Plats, records of King County, Washington, together with vacated street between Blocks 18 and 19; Said portion more particularly described as follows: COMMENCING at a point 33.00 feet North of the centerline Saar Street and 33.00 feet East of the centerline of South Fifth Avenue, said point being the Southwest corner of said Block 19 of Yesler's First Addition to the Town of Kent; THENCE heading N 01° 38'40" E from said point along the East margin of South Fifth Avenue a distance of 530. 2 feet to the POINT OF BEGINNING of this description; THENCE departing from said East margin S 88'21'20" a distance of 23.50 feet; THENCE N 016 38'40"E a distance of 17.00 feet; THENCE N 88'21'20"W a distance of 7.00 feet; THENCE N 0138'40"E a distance of 9.00 feet; THENCE N 88®21'20"W a distance of 16.50 feet to said East margin; THENCE S 01® 38' 40" W along said East margin a distance of 26.00 feet to the POINT OF BEGINNING of this description; Said to contain 548 square feet,more or less; \\esm8\engr\esm-jobs\1752\003\023\document\legal-002.doc V l•, 12 023 Instrument Number:20240131000137 Document:EAS Rec: 5308.50 Page-6 of 6 Record Date:1/31/2024 8:16 AM King County,WA EXHIBIT C T4 ACCOMPANY LEGAL DESCRIPTION FOR WATER EASEMENT A PORTION OF THE SE 1/4 OF SECTION 24, T. 22 N., R. 4 E., W.M., CITY OF KENT, KING COUNTY, WASHINGTON FOUND CASED MONUMENT 1 1/2" BRASS CAP WITH PUNCH STAMPED "LS 14088 CITY OF KENT" DOWN 0.5' PARCEL NO. 9825701175 TAX PAYER: 33' 33' CHILDREN'S HOME SOCIETY SCALE: 1"=4.0' / PROPERTY ADDRESS: 1 �' 212 4TH AIDE S KENT WA 98032 LINE TABLE co LIME BEARING DISTANCE UJ FDC L1 S 88'21'20" E 23.50 WATER VAULT L5 L4 L2 N 1'38'40" E 17.00 L3 L3 N 88'21'20" W 7.00 z L4 N 1'38'40" E 9.00 L1 L5 N 88'21'20" W 16.50 FIRE MAIN L6 S 1'38'40" W 26.00 GATE ASSEMBLY P.0.8. �s PARCEL NO. 9825701135 � TAX PAYER: KENT SCHOOL DISTRICT 415 33' 33' P 3 P 7 4TFiAVE S ADDRESS: R/W R/W KENT WA 98032 P.O.C. / FOUND CASED MONUMENT cj 1 1/2" BRASS CAP WITH PUNCH 3: DOWN 0.65' 44925 CONSULTING ENGINEERS LLC 1 t� 33400 8tt�Five S,Suite 205 I 12/07/20 23 Federal way,WA 98003 JOB NO. 1752-003-023 FEDPR&WAY (253) -6113 DRAWING NAME SR-01 M,NWOOo («T5 287-=i�t� wwrwt.esmciv;l.com DATE : 2023-12-07 DRAWN SR-01 Civil Engineering land Surveying Land Planning SHEET 1 OF 1 Public Works � Project Management � Landscape Architecture