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HomeMy WebLinkAboutCAG1999-0121 - Original - King County - Transfer of Open Space (Greenbelt) Property - 09/30/1999 King County ro Pperty Services Dixision Department of Construction and Facilities Management Bing County Administration Building 500 Fourth Avenue Room 500 Seattle,Washington 98104 (206)296-7470 TDD(206)296-0100 FAX(206)296.0196 October 25, 1999 Lori Flemm, Superintendent Parks Planning & Development City of Kent 220 4th Ave. So. Kent, WA 98032 RE: Transfer of Open Space (Greenbelt) Property Dear Lori Flemm: Enclosed for your files are the original recorded documents for the transfer of the above referenced open space (greenbelt) properties. Thank you for your interest in acquiring the subject properties. Sincerely, Carol J. Thom�son, Inventory & Sales Officer CT Enclosure g�Gp CO); OF gECORUED DOCUMENT I,,,County Rccorder's OfficeR uced Copy of Original Document Interlocal Agreement Between King County and the City of Kent Relating to the Ownership, Funding, Operation and Maintenance of Open Space Properties This Agreement is made and entered into this day by and between the City of Kent, hereinafter called "City", and King County, hereinafter called "County", as authorized by the Interlocal Cooperation Act, Revised Code of Washington (RCW) Chapter 39.34. WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS the County desires to divest itself of ownership, management, and financial responsibility for non-regional parks, open space, recreational facilities and programs Nmn3 inside the City boundaries; B LL.i Mtea' NOW, THEREFORE, the City and the County hereby agree as follows: m mn0 1. Convevance of Title/Existing Agreements Contracts or Permits aft" nmY 1.1. Within thirty (30) days of the execution of this agreement, King County shall m m convey to the City by deeds all of its ownership interest in the following listed open space properties: Kentridge Estates Division No. 3, Tract A Park Meridian, Tract B a Rainier View Estates, Tract A a Sun Meadows Division No. 2 WAll as more fully described in Attachment A to this document, by this reference IX made a part hereof. n x 1.2 The deeds to said properties shall contain all reservations of record known to the County, shall incorporate all Forward Thrust Bond covenants if applicable, and the following specific covenants pertaining to use: "The City of Kent shall have full and complete responsibility for the operation, maintenance, and improvements to the properties listed above and shall retain these properties for open space purposes in perpetuity." 1.3 The deeds shall include all easements, all reservations of record known to King County, and any specific covenants pertaining to use and maintenance of the properties. 1 Open Space Interlecal Agreement. Kent 1.4 King County will provide the City a copy of any and all agreements or permits related to the use of the subject properties. 1.5 The City hereby agrees to abide by and enforce all terms, conditions, reservations, restrictions and covenants of title. 2. Resoonsibiliry for O erations. Maintenance Repairs and Improvements. The City agrees to accept the properties listed in section 1.1 above in as is condition, and to assume full and complete responsibility for operations, maintenance, repairs and improvements to said properties. The responsibility includes, but is not limited to hiring and control of personnel, standards of personnel, payroll, and ordering of and payment for supplies and equipment 3. Duration. This Agreement shall be effective upon signature and authorization by both parties, and shall continue in force unless both parties mutually consent in writing to its termination. 4. Indemnification and Hold Harmless. 4.1 King County shall indemnify and hold harmless the Ciry and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that occurred prior to the effective date of the transfer of title of this property to the City. 4.2 The City shall indemnify and hold harmless King County and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents and employees that occur after the effective date of the transfer of title of this property to the City. 4.3 The City's and the County's indemnification in this section shall survive this Agreement. 5. Non-Discrimination. The City and the County are Equal Opportunity Employers. The City and the County shall comply with all applicable non-discrimination laws or requirements. 2 Open Space Interlocal Agreement.Kent 6. Audits and Inspections. In addition to the requirements set forth, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting party's sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed in advance by the parties hereto. 8. Default. 8.1 In the event the City violates any of the conditions of this Agreement, including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement. 8.2 In the event the County violates any of the conditions of this Agreement, including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement. 8.3 Unless otherwise provided for herein, in the event either party should commence legal proceedings to enforce any provisions of this Agreement, each parry shall be responsible for all of its costs and expenses incurred in connection with such proceedings, including attorney's fees. 8.4 Nothing herein shall limit, waive or extinguish any right or remedy provided by this agreement, or law that either party may have in the event that the obligations, terms and conditions set forth in this agreement are breached by the other party. 9. Entire Agreement and Modifications. This Agreement sets forth the entire Agreement between the parities with respect to the subject matter hereof. It may be supplemented by addenda or amendments which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 3 Open Space Interlocal Agreement: Kent IN WITNESS WHEREOF, the parties have executed this Agreement. Kin; County City of Kent ��� � �_ King County Executive/ '? /Q 6- /'=i C 9� 3 Date Date Approved as to Form Approved as to Form King County Deputy Prosecuting Attorney ty gtto K J J Date D/ e Attachments: Legal Descriptions 4 Open Space Interlocal Agreement: Kent LEGAL DESCRIPTION ATTACHMENT A Tract A, Kentridge Estates Division No. 3, as recorded in Volume 104 of Plats, pages 52-53, records of King County, Washington. Tract B, Park Meridian, as recorded in Volume 106 of Plats, pages 90-91, records of King County, Washington. Tract A, Rainier View Estates, as recorded in Volume 103 of Plats, pages 23 -24, records of King County, Washington. Tract C, Sun Meaadows Division No. 2, as recorded in Volume 130 of Plats, pages 61-62, records of King County, Washington. 5 i1/0:/:359 12:02 206296@135 PROPERTY SLRVICES PAGE 04 29990930802303 PAGE 05, oP 003 Filed For Record At Request Of N INGOCOUNTY,sWA3 KC PROPERTY Sp a p.00 "It AFTER RECO PING RETURN T0: K C.Property Services Division 500A King County Admin.Bldg, 500 Fourth Avenue Seattle,WA 98104 DEEDEEC COpYOr RDEDGRANTOR-KING COUNTY,WASHINGTON 9 DOCUAfZNTGRANTEE-CITY OF KENT ottAt ltecorder,301fice LEGAL--VARIOUS TAX NO.-VARIOUS The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefits, pursuant to King County Ordinance No. 13419, does hereby grant, sell and convey unto the CITY OF KENT, a municipal corporation of the State of Washington, all it's right, title and interest in, and to, those certain rights in the following described lands created by reason of the dedications as shown on the face of the plats thereof, situate in King County,Washington, Tract A, Kentridge Estates Division No. 3, as recorded in Volume 104 of Plats, pages 52-53, records of King County,Washington. Tract B, Park Meridian, as recorded in Volume 106 of Plats, pages 90-91, records of King County, Washington. Tract A, Rainier View Estates, as recorded in Volume 108 of Plats, pages 23-24, records of King County, Washington. Tract C, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, pages 61-62, records of King County,Washington. The City of Kent shall have full and complete responsibility for the operation, maintenance,and improvements to properties listed above and shall retain these properties for open space purposes in perpetuity. Datedthis C;994'1 dayof KING COUNTY,WASHINGTON BY TITLE �t2l?) IJ?!"yiCtS Mooa P;- STATE OF WASHINGTON ) 'mod )SS COUNTY OF KING i�) I certify that ,D5wici -FYerC 5C1704- signed this instrument, on oath stated that he was authorized by the K g County Executive to execute the instrument, and acknowledged„fit as the 3njZN41 SerVIC'PS All Qiiie oe.r of King County, Washington to be the free and V61untary act of said County for the uses and purposes mentioned ir1 the Instrument, 27 J111?9 NOTARY PUBLIC in and for the Stjate of Washington,residing at S.QCl/LIL My appointment expires i I•I 5 'zoo 11/01/1999 12: 02 2062960196 PROPERTY SERVICES PAGE a--- LEGAL DESCRIPTION ATTACHMENT A 383062-0770 Tract A, Kentridge Estates Division No. 3, as recorded in Volume 104 of Plats, pages 52-53, records of King County, Washington. 664850-0840 Tract B, Park Meridian, as recorded in Volume 106 of Plats, pages 90-91, records of King County, Washington. 714020-0890 Tract A, Rainier View Estates, as recorded in Volume 108 of Plats, pages 23 -24, records of King County, Washington. 809141-1150 Tract C, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, pages 61-62, records of King County, Washington. Open Space Interlocal Agreement: Kent LEGAL DESCRIPTION ATTACHMENT A Tract A, Kentridge Estates Division No. 3, as recorded in Volume 104 of Plats, pages 52-53, records of King County, Washington. Tract B, Park Meridian, as recorded in Volume 106 of Plats, pages 90-91, records of King County, Washington. Tract A, Rainier View Estates, as recorded in Volume 108 of Plats, pages 23 - 24, records of King County, Washington. Tract C, Sun Meaadows Division No. 2, as recorded in Volume 130 of Plats, pages 61-62, records of King County, Washington. 5 EC VEJ 99 MA if; ?5 P;-! 2: L7 November ` g$� -RTY Introduced By: KENT PULLEN kentord 011�'Is1O , Clerk 11/18/98 Proposed No.: 98-706 1 ORDINANCE NO. 1 3 4 1 9 2 AN ORDINANCE authorizing the conveyance of certain open 3 space properties to the City of Kent, located in Council 4 District 9. 5 STATEMENT OF FACTS 6 1. King County owns certain open space properties within the 7 incorporated area of Kent, all located in Council District 9. 8 2. The county desires to divest itself of ownership, management and 9 financial responsibility for open space properties now within city 10 boundaries. 11 3. The city has agreed to own, operate and maintain the open space 12 properties within its boundaries. 13 4. The conveyance of the open space properties is consistent with the 14 desire of the county for conveyance of neighborhood and local 15 facilities to local jurisdictions. 16 5. In consideration of the mutual benefits to be derived, it would be 17 in the best interests of the citizens of King County to convey the 18 lands described herein to the city. 19 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: - 1 - IL34IL9 1 SECTION 1. The King County executive is hereby authorized to execute a deed of 2 conveyance in favor of the city of Kent, for open space properties, and to execute, 3 substantially in the form attached, an interlocal agreement with the city of Kent relating to 4 the ownership, management and financial responsibility for the open space properties 5 described as follows: 6 Tract A, Kentridge Estates Division No. 3, as recorded in 7 Volume No. 3, as recorded in Volume 104 of Plats, pages 8 52 and 53, records of King County, Washington. 9 Tract B, Park Meridian, as recorded in Volume 106 of Plats, 10 pages 90 and 91, records of King County, Washington. 11 Tract A, Rainier View Estates, as recorded in Volume 108 of 12 Plats, pages 23 and 24, records of King County, Washington. 13 Tract C, Sun Meadows Division No. 2, as recorded in Volume 14 130 of Plats, pages 61 and 62, records of King County, 15 Washington. 2 - 1341. 9 1 The city of Kent shall have full and complete responsibility for the operation, 2 maintenance, and any improvements to the properties listed above for open space 3 purposes in perpetuity. 4 INTRODUCED AND READ for the first time this -5'0 TA day of 5 '��1.t��!�.x.�e� , 19�e 6 PASSED by a vote of to U this day of t/j/ a'g ��-- 7 19 8 KING COUNTY COUNCIL 9 COUNT SHINGTON 10 ow ` 11 VI® Chair 12 ATTEST: 13 14 Clerk of the Council 15 APPROVED this—�—day of JU�1L , 19GJ S 16 17 1 g ounty Executive 18 Attachments: Interlocal Agreement 3 - 13419 Interlocal Agreement Between King County and the City of Kent Relating to the Ownership, Funding, Operation and Maintenance of Open Space Properties This Agreement is made and entered into this day by and between the City of Kent, hereinafter called "City", and King County, hereinafter called "County", as authorized by the Interlocal Cooperation Act, Revised Code of Washington (RCW) Chapter 39.34. WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS the County desires to divest itself of ownership, management, and financial responsibility for non-regional parks, open space, recreational facilities and programs inside the City boundaries; NOW, THEREFORE, the City and the County hereby agree as follows: 1. Conveyance of Title/Existing Agreements, Contracts or Permits. 1.1. Within thirty (30) days of the execution of this agreement, King County shall convey to the City by deeds all of its ownership interest in the following listed open space properties: Kentridge Estates Division No. 3, Tract A Park Meridian, Tract B Rainier View Estates, Tract A Sun Meadows Division No. 2 All as more fully described in Attachment A to this document, by this reference made a part hereof. 1.2 The deeds to said properties shall contain all reservations of record known to the County, shall incorporate all Forward Thrust Bond covenants if applicable, and the following specific covenants pertaining to use: "The City of Kent shall have full and complete responsibility for the operation, maintenance, and improvements to the properties listed above and shall retain these properties for open space purposes in perpetuity." 1.3 The deeds shall include all easements, all reservations of record known to King County, and any specific covenants pertaining to use and maintenance of the properties. — 1 Open Space Interlocal Agreement: Kent IL t3 4 9 � 1.4 King County will provide the City a copy of any and all agreements or permits related to the use of the subject properties. 1.5 The City hereby agrees to abide by and enforce all terms, conditions, reservations, restrictions and covenants of title. 2. Responsibility for Operations Maintenance. Repairs and Improvements. The City agrees to accept the properties listed in section 1.1 above in as is condition, and to assume full and complete responsibility for operations, maintenance, repairs and improvements to said properties. The responsibility includes, but is not limited to hiring and control of personnel, standards of personnel, payroll, and ordering of and payment for supplies and equipment 3. Duration. This Agreement shall be effective upon signature and authorization by both parties, and shall continue in force unless both parties mutually consent in writing to its termination. 4. Indemnification and Hold Harmless. 4.1 King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that occurred prior to the effective date of the transfer of title of this property to the City. 4.2 The City shall indemnify and hold harmless King County and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents and employees that occur after the effective date of the transfer of title of this property to the City. 4.3 The City's and the County's indemnification in this section shall survive this Agreement. 5. Non-Discrimination. The City and the County are Equal Opportunity Employers. The City and the County shall comply with all applicable non-discrimination laws or requirements. 2 Open Space Interlocal Agreement:Kent 13419 . 5. Audits and Inspections. In addition to the requirements set forth, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting parry's sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed in advance by the parties hereto. 8. Default. 8.1 In the event the City violates any of the conditions of this Agreement, including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement. 8.2 In the event the County violates any of the conditions of this Agreement, including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement. 8.3 Unless otherwise provided for herein, in the event either party should commence legal proceedings to enforce any provisions of this Agreement, each parry shall be responsible for all of its costs and expenses incurred in connection with such proceedings, including attorney's fees. 8.4 Nothing herein shall limit, waive or extinguish any right or remedy provided by this agreement, or law that either party may have in the event that the obligations, terms and conditions set forth in this agreement are breached by the other party. 3 Open Space Interlocal Agreement: Kent 13419 9. Entire Agreement and Modifications. This Agreement sets forth the entire Agreement between the parities with respect to the subject matter hereof. It may be supplemented by addenda or amendments which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Kent King County Executive Date Date Approved as to Form Approved as to Form King County Deputy Prosecuting Attomey i Atto y a Date to Attachments: Legal Descriptions 4 IL3419 Open Space Interlocal Agreement: Kent LEGAL DESCRIPTION ATTACHMENT A Tract A, Kentridge Estates Division No. 3, as recorded in Volume 104 of Plats, pages 52-53, records of King County, Washington. Tract B, Park Meridian, as recorded in Volume 106 of Plats, pages 90-91, records of King County, Washington. Tract A, Rainier View Estates, as recorded in Volume 108 of Plats, pages 23 - 24, records of King County, Washington. Tract C, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, pages 61-62, records of King County, Washington.