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HomeMy WebLinkAboutCAG1997-0241 - Original - Raamco International Properties, LTD - Kent Terrace Apartment Emergency Access Agreement - 03/17/1997 Brenda Jacober, City Clerk CITY OF KENT 220 - 4th Avenue South Kent WA 98032-5894 (206) 859-3300 Grantor(s): Raamco International Properties Limited Grantee(s): City of Kent Fire Department Legal Description: 1. Abbreviated form: Section 19, Township 22 North, Range 5 East, W.M. in King County, Washington 2. Additional legal description is on page 5 of document. Assessor's Property Tax Parcel Account Number(s): COVENANT AND AGREEMENT FOR EMERGENCY ACCESS BETWEEN THE CITY OF KENT AND RAAMCO INTERNATIONAL PROPERTIES LIMITED RECITALS WHEREAS, Raamco International Properties Limited is the owner of property known as the Kent Terrace Apartments whose address is 25426 98th Avenue South, Kent, Washington 98032 and more specifically described in the legal description attached as Exhibit A incorporated herein by this reference; and WHEREAS, the City of Kent Fire Department has become aware that emergency service access is compromised because of a change in grade to the north driveway entrance of the Kent Terrace Apartments on 98th Avenue South; and - l - WHEREAS, the Kent Fire Department cannot provide adequate emergency service to the Kent Terrace Apartments without causing significant damage to fire apparatus; and WHEREAS, roadway reconstruction, resurfacing or other construction changes in the driveway gradient are cost prohibitive; and WHEREAS, alternative vehicle access exists off of State Highway SR 516, also known as Canyon Drive; and WHEREAS, in order to open Canyon Drive for emergency access to the Kent Terrace Apartments, Raamco International Properties Limited will have to agree to eliminate five parking stalls and the loss of some landscaping to facilitate the access; and WHEREAS, the Kent Planning Director has approved the Fire Department's request to eliminate the five parking stalls in the interest of public safety; and WHEREAS, the City of Kent is willing to construct the necessary emergency service access improvements without cost to the owners of the Kent Terrace Apartments; and WHEREAS, the Kent Terrace Apartments' owners agree to eliminate five of the parking stalls and the loss of some landscaping for the necessary improvements and also agree to maintain the access area after construction is completed; and WHEREAS, the access driveway off of Canyon Drive (SR 516) will be chained and used for emergency access only; NOW, THEREFORE, AGREEMENT FOR AND IN CONSIDERATION of mutual benefits derived herein, the City of Kent and Raamco International Properties, Limited, do hereby agree as follows: 1. The foregoing recitals and findings are incorporated into this agreement as if fully set forth herein. 2. The owners of the Kent Terrace Apartments agree to allow the City of Kent the temporary right to enter their property for purposes of constructing the improvements for emergency service access. 3. The Kent Terrace Apartments hereby release and hold harmless the City of Kent from any claim for damages arising out of mom the loss of the five parking stalls or the loss of - 2 - any landscaping.f ' T�Yzl-�. 6 �t7ir+�C 1S C orr���a[� Fcs� Moul:. 4. The City of Kent is responsible for the cost of constructing the proposed improvements for emergency service access. 5. The owners of the Kent Terrace Apartments and/or their assigns shall be responsible for the maintenance of the emergency service access area. 6. This agreement shall be a covenant running with the land and shall bind the successors in interest of each party to this agreement. DATED this day of . 1997. THE CITY OF KENT RAAMCO INTERNATIONAL,ZnG A/ Don Wi cs , By L �. PubkrlVorks Director Its '�c (signify corporate capacity) K cat-Fire WUZIL'J pl1 •:Ffc)rz STATE OF WASHINGTON ) � ^L G / 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 he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the City of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED this day of 1997 at _ Washington. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires - 3 - fU2„u �CYSe�{{ STATE OF WA- tHatil 6`T ON ) s ) ss. COUNTY OF,I6 ) I certify that I know or have satisfactory evidence that /-be i Sherc:t is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the Pre nt of the Partnershi ornoration o be the free and voluntary act of such Partnership/Corporation for the uses and purposes mentioned in the instrument. DATED this 1-1 day of M u r c h 1997 at lj;E(stW`arshirrgten. ``..►e-w Ter-se Ly NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / I LINDA H.LEWIS NOTARY PUBLIC OF NEW JERSEY IDOCTI LES\.96FR00 15\RAAMCO.CON ray Comnssion Expires Nov.6, 1999 - 4 - EXHIBIT A THAT PORTION OF THE S 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 19, "TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF SECONDARY STATE HWY. NO. 5-A AND NORTHEASTERLY OF 97TH PLACE SO., EXCEPT THAT PORTION THEREOF LYING IN THE NORTH 1/2 OF THE SW 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 19, LYING SOUTHWESTERLY OF SAID STATE HWY. NO. 5-A; AND ALSO THAT PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON LYING NORTHEASTERLY OF 97TH PLACE SO., EXCEPT ANY PORTION LYING IN SECONDARY STATE HWY. NO. 5-A. U AUOCAFILESV96R00 UARAAMCO CON _ 5 _