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Home My WebLink About2015 - River Protection Easement - City of Kent / King County Flood Control Zone District (Briscoe Desimone Levee) - 20150203000456WHEN RECORDED RETURN TO: King County Flood Control Zone District Real Estate Services Section 201South Jackson, Suite 6O0 Seattle Washington 98104-3855 Cwn/wxEu °°. u��4 ��*��^��d� �� u ozorw cAc rs ww '— 1 or wwo 027(,3/2015 10:1e GRANTOR(S): City of Kent, a Washington municipal corporation GRANTEE(S): King County Flood Control Zone District, oquasi-municipal corporation of the State of Washington ABBREVIATED LEGAL DESCRIPTION: Portions of SW 1/4 of NW 1/4 S.T.R. 36-23-4E Additional legal description isonExhibit "A"ofdocument. ASSESSOR'S TAX PARCEL NUMBER(S):adjacent tolF.L.640760-0130 PROJECT NAME: Briscoe- Desi mone Levee Improvements RIVER PROTECTION EASEMENT For valuable consideration, receipt of which is henshv acknowledged, the GR/\NTDR(S), City of Kent, a Washington municipal corporation with jurisdiction of that certain parcel of land (the "Property") pursuant to RCVV 47.24, legally described as follows: Easterly half ofWest Valley Highway (aka SR 181) right-of-way, between S. 1801h St. and S. 188th St, in the city ofKent, WA. hereby grant(s) to the King County Flood Control Zone District, a quasi -municipal corporation of the State of Washington, its successors and assigns, agents and licensees (GRANTEE), a perpetual easement for the purposes of accessing and constructing, inspecting, monitoring, reconstructing, maintaining, repairing, modifying, and removing river bank protection and/or other Mood related works, including installing, inspecting, maintaining and removing all vegetation and any other appurtenances thereto across, in, under, on, over and upon the following portions of the above described Property: SEE EXHIBIT "A" ATTACHED ("Easement Area") Together with reasonable ingress and egress upon the Property to access the Easement � River Protection Emsennent- Page 1 of ./ Grantee shall have the right at such time as may be necessary and at the Grantee's sole discretion, toenter upon the Property and to have unimpeded access to, in and through the Easement Area for the purposes of exercising the Grantee's rights as described herein. Grantor agrees not to plant non-native vegetation within the Easement Area and not to remove or otherwise alter any improvements installed by Grantee, including any native vegetation that may be planted and any Mood protection works that may be constructed, within the Easement Area, without the prior approval of Grantee. Grantor further agrees not to use herbicides within the Easement Area without the prior approval of Grantee. Nothing contained herein shall be construed as granting any license, permit or right, otherwise required by law, to Grantor with respect to the Property and the Easement Area. For the purposes of this river protection easement, the benn "native vegetation" shall mean vegetation comprised ofplant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16-750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur atthe site. Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other action related to the above -described exercise of easement rights. This river protection easement and/or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to Grantee by any state statute, including Chapter 86.12 of the Revised Code of Washington, or as otherwise granted orprovided for bylaw. The rights, conditions, and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, and successors in interest and assigns of Grantor and Grantee. GRANTOR: o -Its: Mayor Dated: //�'/��/�� ~/ Acknowledgment Appears m7Next Paoe � River Protection Easennent- Page 2 of -� STATE 0FVVASHI0GTON ) / ss. COUNTY DFKING > I certify that l know orhave satisfactory evidence that Suzette Cooke 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 Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned inthe instrument. -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. ` ~ ~ - , .-.�.-- �`^^-°~^ v'_'"o*w*�' '41 0'P NDTAF�'PUBLIC,inandforft��/beof Washington, residing at X�" � River Protection Easennont- Page 3of ~� EXHIBIT A RIVER PROTECTION EASEMENT IN CITY OF KENT THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING FROM HIGHWAY ENGINEERS STATION (HES) 12+61.02 AS SHOWN ON SR 181, SOUTH CORPORATE LIMITS OF TUKWILA TO FOSTER INTERCHANGE, WASHINGTON STATE HIGHWAY ENGINEER PLANS, SHEET 3 OF 8, BEING THE BEGINNING OF A 700.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS N38°17'27"W; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°04'30", AN ARC DISTANCE OF 13.13 FEET TO HES 12+47.89 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°55'10", AN ARC DISTANCE OF 108.97 FEET TO HES 11+38.92; THENCE S48°17'07"E 20.36 FEET TO A POINT ON A 377.17 FOOT RADIUS, NON -TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS S41°58'29"E; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°07'19", AN ARC DISTANCE OF 112.71 FEET TO THE POINT OF BEGINNING. CONTAINING 1,266 SQUARE FEET, MORE OR LESS. LOT 14 ORILLIA GARDEN TRACTS \ TAX LOT - 6407600130 S 48'17'07" E 20.36' \ \\ �� o \\ '\ �or� _�' \ \��`�\\ � �' \ W CP 0 cA '1 \ z�o ti� \ ao�� \ SCALE: 40' IMPORTANT: 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 RELIANCE HEREON RIVER PROTECTION EASEMENT — AREA =1,266 S.F. I SOUTHCENTER SOUTH \� INDUSTRIAL PARK \ D=1 "04'30" \ R=700.00' \ L=13.13' \T= 6.57' \ S 51'42'33" W 44.76' \ \ \ \ \ LOT 17, TAX LOT - 7888900170 \ \ \