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HomeMy WebLinkAboutCAG2003-0514 - Original - The Boeing Company - Division III Pacific Gateway Business Park Property Transfer Notification & Plat Vacation - 01/09/2003 , %ecords M eme `� KENT Document W p3NINOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, If you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Contract Number: This is assigned by Mary Simmons Vendor Number: Project Name: Contract Effective Date Contract Termination Dat i�© r Contract Renewal Notice (Days): Number of days required notice for termination,or renewal or amendment Contract Manager: ► Department: Abs — ADCL7832 07/02 PROPERTY TRANSFER NOTIFICATION AND PLAT VACATION AGREEMENT This Property Transfer Notification and Plat Vacation Agreement ("Agreement") is made as of the_day of 2003, by and between THE BOEING COMPANY, a Delaware corporation ("Owner") and the CITY OF KENT, a municipal corporation of the State of Washington (the "City") RECITALS A Owner is the owner of certain real property located in the City of Kent, known as Division III of the Pacific Gateway Business Park, SP-2002-1 /KIVA 2020160, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property") B OnDeL.h�the City issued preliminary plat approval for a 4-lot subdivision of the Property ('Plat Approval') Said approval included a conditionthat required Owner to notify the City when any transfer of any lot within the approved plat occurred (the condition is attached hereto as Exhibit B and incorporated in full by this reference) Said approval further required Owner and the City to execute an agreement, in the form acceptable to the City, specifying how Owner would carry out the notification obligation The condition also required Owner to execute an agreement requiring Owner to seek vacation of the plat within fifteen (15) years of recording of the subdivision if none of the lots have been transferred to an entity other than Owner C Owner and the City wish to enter into this Agreement to allow Owner to fulfill this condition of the plat approval NOW, THEREFORE, the parties agree as follows I This Agreement shall become effective upon mutual execution and shall remain in effect as set forth herein 2 In the event Owner receives an executed purchase and sale agreement for any lot within the Property, Owner shall provide the potential purchaser with a copy of the Short Subdivision Committee approval document and a full copy of the final plat map ( "Approval Documents") prior to closing the sale of the lot 3. Upon and in conjunction with the transfer of ownership of any lot within the Property, Owner shall provide written notice to the City that the transfer [/BA023450056 DOC] 12/11/02 has occurred and provide the City with a notarized document signed by the purchaser acknowledgmg said purchaser has received a copy of the Approval Documents, read and understood their terms and conditions, and agrees to comply with the terms of said Approval Documents upon becoming an owner of a lot within the Property 4 Notices required to be given to the City under this Agreement shall be given in writing by personal delivery or by certified or registered mail, return receipt requested, at the following address. City of Kent Public Works Director 220 Fourth Avenue South Kent, WA 98032 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof it otherwise given The City may change the address to which notices may be given by giving written notice to. Philip W Cyburt, The Boeing Realty Corporation, P O Box 3707 117-58, Seattle, WA 98124-2207, in the same manner as provided above [/BA023450056 DOC] -2- 12/11/02 5 In the event no lots within the Property have transferred ownership to an entity not owned or controlled by The Boeing Company within fifteen (15) years following Plat Approval, Owner shall seek vacation of the plat established as a result of Plat Approval Owner shall submmt the required application to vacate the subdivision to the city within fourteen (14) days of the lapse of the fifteen (15) year period Should Owner not submit the application as required, the city shall be entitled to recover its costs and attorney fees expended in enforcing this provision in superior court after providing Boeing with notice of said failure to apply and fifteen (15) days to cure said failure by submitting an application to vacate the subdivision Upon plat vacation approval, this Agreement shall terminate "ER: CITY. G (j I CIT O KEN h pW C,,�� •t By `,JAM GJNi�F Its Vi e Presiflent, Boeing Realty Corp Na Title• [BA023450056 DOC] -3- 12p 1/02 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this 13a' day of December, 2002, before me appeared Philip W. Cyburt, personally known to me, and on oath stated he is Vice President of THE BOEING COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written (Signature of of Notary) T S WERTNER Comniuuon f 1349642 Nohry Public-Caftn u Loa Anpalaa County (Print name of Notary) QMYCown ExWr8sApr6,2006 NOTARY PUBLIC in and for the State of California,residing at 611&Y My appointment expires !.0,2b>la STATE OF WASHINGTON ) ss COUNTY OF ) 3 On this �day of 200Z, before me, the undersigned, a Notary Public in and th tat of /as gton, duly commissioned and sworn, personally appeared , to me known to be the person w o signed as of THE CITY OF KENT, the municipal corporation that ecuted the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written ' u'Na n VS1 ., id 04 •:,ldt (Sioiature of Notary) � ;•'s��'aT�y'=ate= r- °' A@BL1G �c? (Print or stamp name of Notary) %$JJ•��t'�hTc' pr'' NOTARY PUBLIC in and for t State of Washington, residmg a My appointment expires - [/BA023450056 DOC] -5- 12/11/02 EXHIBIT A ALL THOSE PORTIONS OF LOT 6 OF CITY OF KENT LARGE LOT SEGREGATION, ACCORDING TO SURVEY RECORDED JUNE 8, 2001 UNDER RECORDING NO 20010608001505, IN KING COUNTY, WASHINGTON, BEING A PORTION OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W M, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF TRACT A OF PACIFIC GATEWAY BUSINESS PARK, AS RECORDED UNDER RECORDING NO 20010117000904, RECORDS OF KING COUNTY, WASHINGTON, THENCE SOUTH 00000*06" WEST ALONG THE EASTERLY MARGIN OF 59TH PLACE SOUTH, A DISTANCE OF 504 02 FEET, THENCE SOUTH 00015'05" EAST ALONG SAID EASTERLY MARGIN, 735 79 FEET, THENCE SOUTH 89057'52" EAST, 683 50 FEET, THENCE NORTH 00000'00" EAST 405 74 FEET, THENCE SOUTH 90000'00" EAST, 2045 FEET TO A FOUNDATION WALL LINE, THENCE NORTH 00000'00" EAST ALONG SAID WALL LINE AND ITS NORTHERLY PROLONGATION, 308.57 FEET, THENCE SOUTH 90000'00" EAST, 396.69 FEET, THENCE NORTH 00000'00" EAST, 643.56 FEET TO THE BEGINNING OF A 418 00 FOOT RADIUS CURVE TO THE LEFT, THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 24051'38", AN ARC DISTANCE OF 181.37 FEET, THENCE NORTH 24051'38" WEST, 69 56 FEET TO THE SOUTHERLY LINE OF SAID PLAT OF PACIFIC GATEWAY BUSINESS PARK, THENCE SOUTHERLY AND WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING, (ALSO KNOWN AS NEW LOT 5 OF LARGE LOT SEGREGATION RECORDED UNDER RECORDING NO 20021224002059, RECORDS OF KING COUNTY, WASHINGTON) EXHIBIT B The Owner/Subdivider shall execute an agreement with the city with terms and conditions approved by the city which obligates the Owner/Subdivider to notify the City of the transfer of any lot within this short plat to any person or entity other then the Owner/Subdivider. This condition shall also be noted on the face of this short plat This agreement shall further require the Owner/Subdivider upon and in conjunction with the transfer of any lot within this short plat to any person or entity other then the Owner/Subdivider to fumish to the City a notarized document signed by the transferee which acknowledges and understands the conditions and requirements of this short plat and agrees to comply with same The exact language and terms of this document must meet with the approval of the City. This agreement shall further require Owner/Subdivider to seek vacation of the plat within fifteen (15) years of recording of the subdivision i f n one o f t he 1 ots within the subdivision have been transferred to an entity other than the Owner/Subdivider.