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HomeMy WebLinkAboutPW1995-0189 - Original - The City of Seattle - Purchase of Midway Resevoir Site - Release Agreement Regarding Hazardous Substances - 03/04/1996% Seattle Water Diana Gals, Superintendent Norman B. Rica, Mayor February 16,1996 Helen Wickstrom Park Planning and Development 220 4th Avenue So. Kent, WA 98032-5895 RE: Midway Reservoir Site Dear Ms. Wickstrom: REC'0 FEB 21 1996 The Seattle City Council has approved the sale of the Midway parcel to the City of Kent by Ordinance No. 118007. Enclosed is the Real Estate Tax Affidavit and the Release Agreement Regarding Hazardous Substances for signatures. Please return both documents and your check for the down payment of $20,000. I will then record the documents along with the Quit Claim Deed. You will receive the original recorded Deed and a copy of the recorded Release. As previously agreed upon, the balance of the sale price, $167,000, will be paid on or before July 31,1996. If you have any questions please call me at 386-9754. Sincerely, Shirley L , ang Real Estate Services Dexter Horton Building, loth Floor 710 Second Avenue Seattle, WA 98104 0 Printed on Recycled Paper IIINMNIIIIN111111IIIIniliii� i�ii��,� RELEASE AGREEMENT REGARDING HAZARDOUS SUBSTANCES This Agreement is made this titI, day of (t w,, t1 , 199_o by and between The City of Kent, a municipal corporation of the State of Washington, the purchaser of the property described in this Agreement, ("Purchaser"), and The City of Seattle, a municipal corporation, ("City"), in connection with and as partial consideration for the sale of the property by the City to the Purchaser, which property is located in King County, Washington, and legally described as follows: That portion of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 22, Township 22 North, Range 4 East, W.M., King County, Washington described as follows: Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter, and running thence east along the south line of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter 1400.53 feet; thence north parallel to the west line of said Northeast Quarter of the Northwest Quarter 261.00 feet; thence west parallel to the south line thereof to the west line of said Northeast Quarter of the Northwest Quarter, thence south along said west line 261.00 feet to the point of beginning. EXCEPT the portion of the south 261.00 feet of the Northeast Quarter of the Northwest Quarter of said Section 22, lying f westerly of the westerly right-of-way margin of 36th Avenue South (Military «i Road) as now existing. AND: That portion of the North half of the Southeast Quarter of the Northwest NQuarter of Section 22 Township 22 North, Range 4 East, W.M., King County, described as follows: Beginning at a point on the north line of said subdivision which is 996.51 feet west of the northeast corner thereof; thence south a distance of 70.88 feet; thence South 53°59'00" West, ,a distance of 350 feet more or less to a point on the easterly line of 38th Avenue South as now surveyed; thence northerly along said easterly line to its intersection with the east line of 36th Avenue South; thence north along said east line to the north line of said subdivision; thence east along said north line to the point of beginning. rl AND that portion of Section 22, Township 22 North, Range 4 East, W.M., King County, Washington, described as follows: Commencing at the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 22; thence South 89°52'19" East along the north line of said Southeast Quarter of the �$ Northwest Quarter 68.40 feet to the east margin of 36th Avenue South; thence '-, South 0°21'42" East along said east margin 207.45 feet; thence South 89°52' 19" East, 8 1. 12 feet to the true point of beginning; thence continuing South 89°52'19" g v7 East, 352.92 feet; thence North 50°35'00" West, 215.67 feet; thence South 53°59'00" West, 231.52 feet to the true point of beginning. The parties covenant and agree as follows: I. DEFINITION OF TERMS As used in this Agreement: 1. "Environmental Law" means all statutes, regulations, and common-law causes of action, whether federal, state or local, that apply to any toxic material or hazardous substance, pollutant, waste material, health and safety of persons or protection of the environment, including o any amendments or supplements to such laws or regulations, including, but not limited to: the 0 m C R Page 1 of 3 GO Cti2 cat Cn G tZ 0) reslmid/kent Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et_ sg-q., the Toxic Substance Control Act, 15 U.S.C. §2601 e se ., the Federal Water Pollution Control Act, 49 U.S.C. § 1801 et ,sgc1., the Safe Drinking Water Act, 42 U.S.C. § 300f et sea., the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") 42 U.S.C. § 9601 gl seq.., the Washington Model Toxics Control Act, RCW Ch. 70.105D, the Washington Hazardous Waste Management Act, RCW Ch. 70.105, the Washington Shoreline Management Act, RCW Ch. 90.58. 2. "Environmental Liability" means any and all liabilities, claims, lawsuits, costs of administrative proceedings and arbitration or alternative dispute resolution procedures, liens, obligations, costs, expenses, attorney fees, litigation costs and expenses, expert and consulting fees and costs, fines, penalties, damages, consequential damages, and losses, arising from or related to the presence of any hazardous substance on the Property, known or unknown at the time of this Agreement. Environmental liability includes, but is not limited to, assertions that hazardous substances may have caused or contributed to illness or death, mental distress, increased risk of illness, diminished property value, impaired use of property and attendant expenses. An environmental liability may be based upon an environmental law, a contract, tort, implied or express warranty, strict liability, criminal or civil statute, permit requirements, a court or administrative order, or any other cause of action. 3. "Hazardous Substance means any material regulated or restricted under any environmental law. 4. "Property" means the real property which is described in this Agreement. Il. PURCHASER'S RELEASE FOR PAST CONTAMINATION A. The City has no knowledge of contamination on the site, however, Purchaser acknowledges that the complete inspection of this property is the responsibility of the Purchaser. Although the City may have given the Purchaser information concerning the environmental condition of the Property, the CITY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES CONCERNING THE CONDITION OF THE PROPERTY OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. B. Purchaser agrees to release and discharge forever the City from any Environmental Liability arising out of, in connection with, resulting from or incident to any contamination of the Property by any Hazardous Substance, known or unknown at the time of the transfer of the Property to Purchaser. Such Hazardous Substances include substances arising out of or related to the City's previous ownership, control or use of the Property. Ill. MISCELLANEOUS A. Successors and Assigns. This Agreement is binding upon the parties' heirs, successors, and assigns. The benefits of this Agreement are enforceable by the parties' heirs, successors and assigns, and the promises, covenants and obligations undertaken by each party are the promises, covenants and obligations of their heirs, successors and assigns. B. Applicable Law. Any dispute regarding the terms or performance of this Agreement shall be governed by the laws of the State of Washington and venue shall be in the Superior Court of King County, Washington. Page 2 of 3 Relsmid.kent C. No Termination Date: The obligations of this Agreement shall not terminate. This Agreement is intended to run with the land and to benefit and bind all future successors of the parties, including, but not limited to, all future owners and operators of the Property. The Purchaser hereby declares that the terms of this Agreement have been completely read and are fully understood and voluntarily accepted. EXECUTED as of the day first written above. Purchaser: City of Kent STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that\-1l i1-( L I H J 7-C , signed this instrument, and,on oath stated that }1,-, was authorized to execute this instrument and acknowledged it as ,/)Z,4 tic to be the free and voluntary act of The City,of Kent for the uses and urposes-mention do instrument. Date \N> RY PUBLIC in and for the i.1'v" `- AA/L!j���n State of Washington, residing at fps- , t._ - ct - My' Commission Expires: , .� - i i - ;:�I­ Page 3 of 3 CITY OF Jim White, Mayor December 14, 1995 Ms. Shirley Lukhang Seattle Water Department Dexter Horton Building, IOth Floor 710 Second Avenue Seattle, WA 98104 Dear Ms. Lukhang: The City of Kent requests that the terms for the purchase and sales agreement for the Midway Reservoir Site be amended from all cash at closing to $20,000.00 down, at 0% interest, with the balance of $167,000.00 payable on or before July 31, 1996. The above arrangement will give the City of Kent the cash flow flexibility needed to acquire an additional five acres of park property to better serve the citizens of Kent. If this arrangement meets with your satisfaction, please sign below and return a copy to me. Thank you for your consideration of our request. Sincerely, Helen Wickstrom, Superintendent Park Planning and Development cc: John Hodgson, Parks Director The City of Seattle hereby approves the City of Kent's request to pay $20,000.00 down at closing for the Midway Reservoir Site, and the balance on or before July 31,1996. City of Seattle ?�'l l��%`�� ✓ L Date "U 4th AVE.SO I KENT. WASIIIAGTOX TLLFPHOAF , IAS = Rio I;;-4 PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped PLEASE SEE REVERSE F by cashier. OOOlA oN 84 rm V. CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For Use at County Treasurer's Office (Use Form No. 84-OOOIB for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED HIName City of Seattle I ®IName City of Kent IM 710 2nd Avenue, RD= 1111 Seattle WA Scare 98104 Zip ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE Name same as Grantee Street City/State Zip Park Planninq & Development Street 220 4th Avenue South Kent WA 98132 City State Zip ALL TAX PARCEL NUMBERS �X,,t30 :;?ff EENR 222204-9006 222204-9186 222204-9187 © LEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑ UNINCORPORATED King Street Address (if property is improved): See attached legal © Is this property currently: YES NO Classified or designated as forest land? ❑ rD Chapter 84.33 RCW Classified as current use land (open space, farm ❑ �] and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax as a nonprofit ❑] organization? Chapter 84.36 RCW Seller's Exempt Reg. No. _ _ _ — — — — — — Receiving special valuation as historic ❑ �] property under? Chapter 84.26 RCW Property Type: Kl land only ❑ land with new building ❑ land with previously used building ❑ land with mobile home ❑ timber only ❑ building only Principal Use: ❑ timber ❑ other _ ❑ Apt. (4 + unit) ❑ residential ❑ agricultural ❑ commercial/industrial a (1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) If the new owner(s) of land that is classified or designated as current use or forest land wish to continue the classification or designation of such land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation, all compensating or addi- tional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must determine if the land transferred qualifies to continue classification or designation and must so indicate below. Signatures do not necessarily mean the land will remain in classification or designa- tion. If it no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. This land ❑ does ❑ does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property wish to continue this special valuation the new owner(s) must sign below. If the new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE COUNTY ❑ OR IN CITY OF Kent © Description of tangible personal property if included in sale (furniture, appliances, etc.) N/A If exemption claimed, list WAC number and explanation. WAC No. (Sec/Sub) 458-61-420 Explanation 'Transfer of Property Type of Document Quit Claim Deed Date of Document $ 187,000 Gross Sale Price Personal Property (deduct) $ 0 Taxable Sale Price $ Excise Tax State $ Local $ 0 Delinquent Interest: State $ 0 Local $ 0 0 Delinquent Penalty: State $ Total Due $ 0 THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE 0 AFFIDAVIT I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature of Grantor/Agent Name (print) Date & Place of Shirley Iukhang, Sr. Agent Seattle Water DepcVtment Signature of Grantee/Agent ,?W� Name (print)1t),14/ TF Date & Place of Signing PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1C)). FOR TREASURER'S USE ONLY COUNTY TREASURER FORM REV 84 0001A (7-6-94) (PD 7-6-94) ® +e S h V CU Exhibit "B" QUIT CLAIM DEED THE GRANTOR, THE CITY OF SEATTLE, a municipal corporation of the State of Washington, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, conveys and quit claims to, The City of Kent, a municipal corporation of the State of Washington, the following described real property, situated in the King County, Washington, described as follows: That portion of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 22, Township 22 North, Range 4 East, W.M., King County, Washington described as follows: Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter, and running thence east along the south line of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter 1400.53 feet; thence north parallel to the west line of said Northeast Quarter of the Northwest Quarter 261.00 feet; thence west parallel to the south line thereof to the west line of said Northeast Quarter of the Northwest Quarter, thence south along said west line 261.00 feet to the point of beginning. EXCEPT the portion of the south 261.00 feet of the Northeast Quarter of the Northwest Quarter of said Section 22, lying westerly of the westerly right-of-way margin of 36th Avenue South (Military Road) as now existing. 94 AND: That portion of the North half of the Southeast Quarter of the Northwest NQuarter of Section 22 Township 22 North, Range 4 East, W.M., King County, described as follows: Beginning at a point on the north line of said subdivision which is 996.51 feet west of the northeast corner thereof; thence south a distance of 70.88 feet; thence South 53°59'00" West, a distance of 350 feet more or less to a point on the easterly line of 38th Avenue South as now surveyed; thence northerly along said easterly line to its intersection with the east line of 36th Avenue South; thence north along said east line to the north line of said subdivision; thence east along said north line to the point of beginning. AND that portion of Section 22, Township 22 North, Range 4 East, W.M., King County, Washington, described as follows: Commencing at the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 22; thence South 89152'19" East along the north line of said Southeast Quarter of the Northwest Quarter 68.40 feet to the east margin of 36th Avenue South; thence South 0°21'42" East along said east margin 207.45 feet; thence South 89°52'19" East, 81.12 feet to the true point of beginning; thence continuing South 89°52' 19" East, 352.92 feet; thence North 50035'00" West, 215.67 feet; thence South 53' 59'00" West, 231.52 feet to the true point of beginning. Reserving to the Cit�LofSeattle an underground easement described as follows: That portion of Section 22, Township 22 North, Range 4 East, W.M., King County, Washington described as follows: Commencing at the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 22; thence South 89152'19" East along the north line of said Southeast Quarter of the Northwest Quarter 68.40 feet to the east margin of 36th Avenue South and the true point of beginning: thence South 0°21'42" East along said Page I of 2 O O O O O N O V4 9 If Exhibit "B" east margin a distance of 207.45 feet; thence South 89'52'19" East parallel to said north line, a distance of 260.00 feet; thence North 0°21'42" West parallel to said east margin of 36th Avenue South a distance of 260.00 feet; thence North 89'52'19" West a distance of 260.00 feet; thence South 0121'42" East along said east margin a distance of 52.55 feet to the true point of beginning. Said underground easement area to include above ground appurtenances relative to underground water facilities. IN WITNESS WHEREOF, pursuant to the provisions of Ordina e N 118007 of the City of Seattle, said City has caused this ins rument to be executed by the�tendent of the Water Department of this a-�- day of 51996. THE CITY OF SEATTLE, a municipal corporation i4 M By: SGoal- 44�2 Diana Gale Superintendent of Seattle Water Department STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) F I certify that I know or have satisfactory evidence that Bar 6a}e, signed this i tru t, on oath stated that he was authorized to execute this instrument and acknowledged it a eri ndent of Seattle Water Department of The City of Seattle to be the free and voluntary a t of The City of Seattle for the uses and purposes mentioned in the instrument. Date IQ — .? D _ 96 NOTARY PUfEIC in and for the State of Washington, residing at My Commission Expires: Page 2 of 2 } 00 iCO Au