HomeMy WebLinkAboutCAG2024-056 - Original - Nihaal Enterprises, LLC - Access and Utilities Easement - 12/22/2023 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:
� 02/07/2024 02/14/2024
0
i Authorized to Sign: Date of Council Approval:
Q.
Q Mayor or Designee 02/06/2024
Budqet Account Number: Grant? YesEl NoF1
Type: N/A
Vendor Name: Category:
Other
Vendor Number: Sub-Category:
= Other
0
'M Project Name: Termination of Easements and New Access and Utility Easement
Project Details:0 Motion sheet attached
c
Agreement Amount:
Basis for Selection of Contractor:
EMemo to Mayor must be attached
i Start Date: Termination Date:
p1
Q Local Business?❑Yes F]No* lfmeet5 requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: El Yes F]ln-Process❑Exempt(KCC 5.01.045 Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes O No CAG2024-056
Comments:
Mayor Ralph - Please sign the easement acceptance on the 6th page of this
packet, and sign the easement termination on the 9th page, and have your
signature notarized on the loth page. Thank you! N Cheryl R-W
30
Oak .--
Date Received:City Attorney: 2/7/24 Date Routed:Mayor's Office 2/9/24. City Clerk's Officelqbiir
. ) t
ad«w22373_1.20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Instrument Number:20240222000031 Document:EAS Rec: 5307.50 Page-1 of 5
Record Date:2/22/2024 8:14 AM
Electronically Recorded King County,WA
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Nihaal Ent rises LLB
Grantee: Q_ty of Kent
Abbreviated Legal Description:- Ptn.NW '/a NE?/a Sec. 36 TwD 22N_,..Rgc...5E
Additional legal Description on: Exhibit
Assessor's Tax Parcel ID No. 362205-9002 3 -9104 STR: 36_-22-05
ACCESS AND UTILITIES EASEMENT
Nihaal Enterprises 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 City of Kent, a
Washington municipal corporation ("Grantee" or "City"), its successors and/or
assigns, a perpetual easement to access staff gauge monitoring equipment with
necessary appurtenances and other related utilities, including use of incidental areas
immediately adjacent 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
staff gauge monitoring equipment and other 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 disturbed, destroyed or disrupted in any form or fashion, or in the event they are
Page of
Utility Easement
i
I
Instrument Number:20240222000031 Document:EAS Rec: S307.50 Page-2 of 5
Record Date:2/22/2024 8:14 AM King County,WA
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:
Nihaal Enterprises LLC
�e
By:
N a rn e
Date:
(Notary Acknowledgment on Following Page)
Utility Easement page 2 of
I
i
i
l
Instrument Number:20240222000031 Document:EAS Rec: S307.50 Page-3 of 5
Record Date:2/22/2024 8:14 AM King County,WA
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that . t 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 Nihaal Enterprises 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;._.._
Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
`> NOTARY PUBLIC, in and for the State
of Washington, residing at _
My appointment expires ' - 0
ACCEPTED:
CITY OF KENT
r-
By:. Darn Ralph
Title: Mayor _
Date: 02/08/2024
Utility Easement Page 3 of 3
Instrument Number:20240222000031 Document:EAS Rec: S307.50 Page-4 of 5
Record Date:2/22/2024 8:14 AM King County,WA
EXHIBIT A
20'WIDE INGRESS,EGRESS&UTILITIES EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,
TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,BEING A 20-FOOT-WIDE STRIP OF LAND HAVING 10 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE SOUTH 00°18'48"EAST 1025.01 FEET ALONG THE EAST LINE THEREOF TO THE POINT OF
BEGINNING;
THENCE NORTH 40°39'03"WEST 35.65 FEET TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS
OF 4753.04 FEET;
THENCE CONTINUING ALONG SAID CURVE AN ARC DISTANCE OF 111.51 FEET THROUGH A CENTRAL.
ANGLE OF 01'20'39"TO THE TERMINUS OF SAID EASEMENT CENTERLINE;
SITUATE IN THE CITY OF COVINGTON,COUNTY OF KING AND STATE OF WASHINGTON.
(THE SIDE LINES OF SAID EASEMENT ARE INTENDED TO EXTEND TO AND TERMINATE AT]-HE EAST LINE
OF SAID SUBDIVISION).
L LA� �'
r
0/4/a 3
I
I
f
x
x
I
Instrument Number:20240222000031 Document:EAS Rec: S307.50 Page-5 of 5
Record Date:2/22/2024 8:14 AM King County,WA
NE CORNER OF
NE 1/4 SEC. 36-22-5
n�
SCALE: 1"=1 OQ' /
N43'56'10 W�
+ 77.43'
A=-14'29`44"
R=432.46'
/a0l L=109.41'
6--8°48'00"
R=627.07'
L=96.31'
CENTERLINE OF
20' WIDE EASEMENT ROAD~
DESCRIBED IN
�0 REC. #3639447 & #5499243
Ui
/ w
� TAX I'ARf;E_I-
f N38"14°25'W 3b210.`�-91U4 C9 __,,,
200,65' A-.2'2438"
R=4753.04'
L=199.97'
TAX FARCEL (TOTAL CURVE) y~r
362205-9002
3-48" CULVERTS
20' WIDE INGRESS,
EGRESS & UTILITIES Y
EASEMENT AREA
~ t 1'20'39"
R=4753.04'
L=111.51'
/ N40'39'03"W
/ 35.65'
POINT OF
{ BEGINNING
EXHIBIT B Enc G,as
�}InI 10E INGRESS EGRESS _NGIt�F!_fzINC �S2Vl^fIIJCi
G V � 3 14'elem t4SrknAar(kr!.n
<Ir<5
c Sir rr Sa.r Stll.t.rr uh.WA9%192T Mime-I1251IYE-.S
IfiS Ni lu H ri r Ka(rvn l5'Ynhk+mlMkk�
& UTILITIES EASEMENT AREA
IPF SaKln-xei a.J.•llr Ih.m.N'A 9891•11ion:1f091 N>I-/113
f