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HomeMy WebLinkAboutCAG1977-002 - Original - City of Seattle - Park and Ride Lot - 01/18/1977 PARK-AND-RIDE LOT AGREEMENT THIS AGREEMENT made by and between the CITY OF KENT, a Municipal corporation of the State of Washington, its successors and assigns, hereinafter jointly called "CITY" , and THE MUNICIPALITY OF METROPOLITAN SEATTLE, a Municipal corpora- tion of the State of Washington, hereinafter jointly called "kIETRO" ; W I T N E S S E T H: WHEREAS, METRO acquired the following described real property in the CITY for use as a Park-and-Ride site, said tract of land being herein called the "Kent Park--and-Ride Lot" : That portion of the northeast quarter of the northwest quarter of Section 24, Township 24 North, Range 4 East, W.M. , in King County, Washington, lying west of Seattle-Tacoma interurban Railway right-of-way; except that portion .thereof, lying within Lincoln Avenue on the -west and Smith Street (Shinn) on the south, and except that portion thereof conveyed to the City of Kent by deed recorded under Auditor' s File No. 5487430; and except that portion thereof conveyed to the State of Washington by deed recorded under Auditor's File No. 6004472; and WHEREAS, the CITY desires to use on a temporary basis the southerly portion of the Kent Park-and-Ride Lot, herein callea "Southerly Property" for municipal purposes including but not limited to recreational purposes, until such time as r :,-;TRO requires the use of the Southerly Property. The Southerly Property is outlined in red on the drawing attached to this Agreement as Exhibit "A" , and by this reference made a part hereof; and WHEREAS, METRO does not require the use of the Southerly Property for Park-and-Ride purposes during the period of such temporary use by the CITY and METRO does require the construction of a Flyer Stop to be located partially on property owned by the CITY; . • NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein it is mutually agrees as follows: (1) METRO grants permission to the CITY to use the Southerly Property for municipal purposes during the term of this Agreement. (2) The CITY shall place no permanent facilities on the Southerly Property. Any equipment placed on such property by the CITY will be removed by the CITY at its sole cost at the termination of this Agreement. (3) This Agreement may be terminated at any time after two years from date hereof by METRO by giving 30 days written notice to the CITY of its intention to so terminate. METRO shall have the right to so terminate for any reason. The CITY may terminate at any time by giving 30 days written notice to METRO. (4) The CITY shall, in the event of termination of this Agreement, leave the Southerly property in at least as good a condition as it was at the time the permissive use began. (S) The CITY shall bear the entire cost and expense of preparing and maintaining the Southerly Property for the uses which the CITY intends to make thereof. (6) The CITY shall indemnify and hold harmless METRO, its successors and assigns, from any and all claims, demands, . loss, or liability for damage, injury or death to- any person, persons, or property arising out of the CITY's use of the property during the time it has the use and occupancy thereof. (7) METRO shall quitclaim a small strip of land in the northwesterly portion of the Kent Park-and-Ride Lot as described on Exhibit "B" attached hereto and by this reference made a part hereof, for dedication as a portion. of Lincoln Avenue, and METRO shall pave and restripe the new travelled portion of said roadway. (8) The CITY shall maintain at its own expense the gravelled surface of Lincoln Avenue within said strip of land -2- to be' so dedicated until METRO shall install the lst phase of the Park-and-Ride site and pave and restripe the Avenue. (9) METRO Flyer bus stop will be installed by the State of Washington, Department of Highways, partly within the present right of way of SR 167 and partly within adjacent Lincoln Avenue for use in conjunction with METRO` s Park-and-Ride site pursuant to agreement with METRO. The CITY agrees to quitclaim to the State of Washington, Department of Highways, a strip of land approximately 30 feet wide within the existing right of way of Lincoln Avenue, said strip being the westerly portion thereof and lying between the south margin of Janes Street and a point on the west margin of Lincoln Avenue dis- tant 799 .326 feet southerly of said south margin of James . Street as measured along said west margin of Lincoln Avenue. The exact dimension of this strip will be determined by the State Highway Department after the plans for the F1yer. Stop, the necessary bus lanes, and the stairways have been finalized. (10) The CITY shall post at least t��o signs within the property being used by it for municipal purposes clearly stating that this property is part of the METRO Park-and-Ride Lot and is being used by the CITY until such time as it is needed by METRO for other purposes. Dated as of this day of , 1976 . ATTEST: THE C Y OF KENT j By A� B Isabel K. Hogan Mayor THE MutiICIPALITY OF METROPOLITAN SEATTLE By_ Richard S ' Page Executive Dye ector ATTES By Carli Johansen Clerk f the Council -3- STATE OF WASHINGTON) ss. County of King ) rl � On this /�ti day of 197- before me personally appeared, Richard S. Page and Carl A. Johansen , to me known to be the Executive Director and Clerk of the Council respectively, of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and fore- going instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. NO ARY PUBLIC i a d fof the State of Washington, residing at_,EZ `-Z`tr STATE OF WASHINGTON) ss. County of King ) On this 9th day of December , 1976 before me personally appeared, Isabel K. Hogan and Betty Graff , to me known to be the - Mayor and . Clerk pro tem respectively, of the City of Kent, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and ;., affixed my official seal day and year first above writ-t`gin. NOTARY PUBLIC in and for St of Washington, residing at- -4- EXHIBIT "B" Filed for Record at Request of. NAME ADDRESS CITY AND STATE QUIT CLAIM DEED THE GRANTOR THE MUNICIPALITY OF METROPOLITAN SEATTLE, a Municipal Corporation of the State of Washington, for and in consideration of TEN AND N0/100 DOLLARS ($10 .00) , conveys and quit claims to THE CITY OF KENT, a Municipal Corporation of the State of Washington, the following described real estate, ' situated in the County of King, State of Washington, including any after acquired title: From the following described property: That portion of the northeast. quarter of the northwest quarter of Section 24 , Township 24 North, Range 4 East, W.M. , in King County, Washington, lying west of Seattle-Tacoma Interurban Railway right-of-way; except . that portion thereof lying within Lincoln Avenue on the west and Smith Street (Shinn) on the south, and except that. portion thereof conveyed to the City of Kent by deed recorded under Auditor's File No. 5487430; and except that portion thereof conveyed to the State of Washington by deed recorded under Auditor 's File No. 6004472; All that portion of the above described property lying west of the following described line: Beginning at' the southwest corner of the above described property; thence North 0038103" along the west margin of said property a dis- tance of 481. 287 feet to a point on a curve and the True Point of. Beginning of the line being herein described; thence northeasterly along the arc of a curve concave to the east with a radius of 2700 feet through a central angle of 16°57' 44" an arc distance of 799 . 326 feet to point of terminus at the North margin of the above described property. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal to be hereunto affixed this day of 1976 . THE MUNICIPALITY OF METROPOLITAN SEc?TTLE By ' Chairman of the Council ATTEST By Clerk o� the Council rv:rrn-rm 11n.,, EXHIBIT "B" Page STATE OF WASHINGTON) ss. County of fling ) On this day of 1976 before me personally appeared C. Carey Donworth, Chairman of the Council and Carl A. Johansen, Clerk of the Council, respectively, of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and .pruposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal_ aftixed is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY. PUBLIC in and for the~ S .ate of Washington, residing at EXHIBIT "B" Page 2 f�% 'x _"__•�_ ,L __i'����� + C'�. C��ll� ,.?�T�Y� project r '�_ ?�`�C" Aj�.., y `` r..._..,�.._>- � � c��'�,crr.•z•=r:G:�rr 7C.L�r'S..Lr,.�.�3 .i z=.Ohh�-';F'-.1�=�. �_ ` .1 i EXHIBIT "A" •� s1, 1J) A' ' P1-� C260 ! � f 4I -z3 o CJ Graz , .y�„1 Lam+ nj�j; 1 t 4 \,'I Z o IP U 1 R O r � icy 13 10--> Ito, # `i 7 � r Final Pan" EXHIBIT "A" METRO municipality of metropolitan seattle Metropolitan Council January 20 , 1977 CHAIRMAN C.CAREY DONWORTH r. t AUBURN STANLEY P.KERSEY y BELLEVUE The Honorable Isabel K. Hogan NANCY RISING Mayor ofthe City of Kent M.F.(MEL)VANIK P.O. Box 310 KENT Kent, Washington 98031 ISABEL HOGAN KIRKLAND Dear Mayor Hogan: ROBERT L. NEIR MERCER ISLAND Kent Park-and-Ride Site AUBREY DAVIS,JR. REDMOND Reference is made to our previous correspondence SELWYN L. (BUD) YOUNG concerning the agreement which will allow Kent RENTON to use a portion of the Kent park-and-ride site CHARLES DELAURENTI until such time as Metro requires its use. SEATTLE Enclosed is an executed copy of the instrument, WES UHLMAN which has been recorded under Auditor's File GEORGE BENSON Tim HILL No. 7701200557, for your records. PAUL KRAABEL PHYLLISWAYND.LAR RE WAYNE D.LARKIN The transfer of the strip of land necessary to --'"` JOHN R.MILLER facilitate the relocation of Lincoln Avenue will be RANDY REVEILLE SAMSMITH accomplished when the Department of Highways JEANETTE WILLIAMS completes its plan as to how much property will OTHER CITIES be required from Lincoln Avenue to install the EDWARD WATTON Flyer Stop. KING COUNTY JOHN D.SPELLMAN We appreciate your cooperation in this matter. PAUL BARDEN RUBY CHOW ROBERT B.DUNN Very truly yours, R. R. (BOB) GREIVE MIKE LOWRY DAVE MOEY TRACY J.OWEN f4L� ,'71Ti (�- BILL REAMS BERNICE STERN Raymond Drebin UNINCORPORATED Right of Way and AREAS Property Supervisor NAOMIE BULLOCH RELLA FOLEY JOHN FOURNIER,JR. PAUL NANASSY, JR. RD p 1 JIM SHAHAN A.DEAN WORTHINGTON Enclosure SEWER DISTRICTS HANFORD B.CHOATE x � EXECUTIVE DIRECTOR RICHARD S.PAGE Pioneer Building 600 First Avenue Seattle, Washington 98104 447-6666