HomeMy WebLinkAboutPL04-269 - Original - Tarragon - Van Doren's North LLC - No-Build Easement Agreement - 08/03/2004 .Now
Records M emen
K E N T Document
WASHINGTON
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: endor Number:
Q Q�6k� JD Edwards Number
Contract Number:
This is assigned by Mary Simmons
Description: l0
Detail:
Project Name:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: C epartment:
Abstract:
5 Public\RecordsManagement\Fomu\ContractCover\ADCL7832 07/02
After Recording Return to:
Property Management
City of Kent
220-4th Avenue South
Kent WA 98032
Document Title or Titles:
No-Build Agreement
Reference Nos.of Documents Assigned or Released:
N/A
Name of Grantor:
Tarragon-Van Doren's North L.L.C.
Name of Grantee:
City of Kent
Pages referencing additional names:
N/A
Abbreviated Legal Description:
Lot 2 and Ptn of Lot 3, Blk 1,and Pin Tract E Northwest Business Park Phase I,Vol. 128, pp 58
Additional Legal Description Found On:
Exhibit A attached hereto
Assessor's Property Tax Parcel Number or Account Number:
Tax Account Numbers: 619540-0040-00,619540-0030-08
Page t of 5
NO BU"AGREEMENT
This Agreement dated as of the 3'd day of August,2004 is entered into by and between
the City of Kent,a municipal corporation of King County, State of Washington(the"City")and
Tarragon—Van Doren's North L.L.C.(the"Owner').
RECITALS
A. Owner is a party to that certain Reciprocal No-Build Easement Agreement dated
June 9,2004 and recorded July 15,2004 as Instrument No. 20040715001905 in King County,
Washington(the"No-Build Easement")pursuant to which the adjacent property owner has
agreed to a perpetual negative easement over a portion of its property for the benefit of Owner's
property described in Exhibit A attached hereto.
B. Owner acknowledges that the No-Build Easement is required in order for the
City to determine compliance with the 2003 International Building Code of the improvements
contemplated by the application for a building permit submitted by the Owner dated May 19,
2004.
NOW,THEREFORE, in consideration of the foregoing recital and other good and
valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties
agree as follows:
1. Owner hereby agrees that notwithstanding Paragraph 3 of the No-Build
Easement,Owner agrees that it shall not consent to any amendment,revocation or alteration of
the No-Build Easement with respect to the"EMFCO Easement Area"(as such tern is defined in
the No-Build Easement)without the prior written consent of the City's Building Official.
2. Owner shall defend, indemnify and hold the City, its officers, officials,
employees, agents, and volunteers (collectively, the "City Parties") harmless from any and all
liabilities, including claims, injuries, damages, or losses, including all legal costs and attorney
fees, incurred by the City Parties and arising out of or in connection with the exercise by Owner
of its rights and obligations under the No-Build Easement, except for injuries and damages
caused by the negligence of the City Parties.
3. The provisions of this Agreement shall be binding upon and inure to the benefit
of the signatories hereto and their successors and assigns.
4. Neither this Agreement nor any provision hereof may be waived, modified,
amended,discharged or terminated except by an instrument in writing signed by the party against
which the enforcement of such waiver, modification, amendment, discharge or termination is
sought.
5. Each party will be responsible for payment of legal fees of its counsel in the
event of any litigation,arbitration or other proceeding brought to enforce or interpret or otherwise
arising out of this Agreement.
Page 2 of 5
6. Each party hereto represents that it has the full capacity right, power and
authority to execute, deliver and perform this Agreement, and all required actions and approvals
therefore have been duly taken and obtained.
7. This Agreement shall be governed by and construed in accordance with the
internal laws of the State of Washington.
Executed as of the day and year first written above.
Tarragon-Van Doren's North L.L.C.
By: Tarragon L.L C its Manager
By:
Its: vt
City of Klfnt
By:
Its:
[ACKNOWLEDGEMENTS ON FOLLOWING PAGE]
Page 3 of 5
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this document.
On this 3!'day of Odd4aQi 2004_ ,before me personally appeared
bQ, ,.,,.,;,o II&t&jo me known to be the ` c.. the
company that executed the within and foregoing instrument,and acknowled the said instrument
to be the free and voluntary act and deed of said company,for the uses and purposes therein
mentioned,and on oath stated that they were authorized to execute said instrument.
W[ QS my hand and official seal hereto affixed the day and year first above
written. �. A. 3TA''is
'i
n NOTggy m�. '; PANT NAME: ba me:6, At. .S}*C-actgr
�' Notary Public in and for the State of Washington,
y ;. VBLIG .�� residing attdirn�,u
9��c :Og.. ��0= My commission expires: l-14-oo S
4,OF WASNN�.?r
STATE OF WAYF�N )
)ss.
COUNTY OF I "� )
I certify that I know or have satisfactory evidence that the person appearing before
me and making this acknowledgment is the person whose true signature appears on this document.
- On this day of 2M4, re me personally {�peared
o me known to be the of e
4com�mMpLany that executed the within and foregoing' ent,and ackno ed said instrument
to ee free and voluntary act and deed of said company,for the uses and purposes therein
mentioned,and on oath stated that they were authorized to execute said instrument.
�SS my hand and official seal hereto affixed the day and year first above
written. a�"'
e�VpTAq� P N �e� i
«... Notary Pu 'b d for the State of Washington,
t+a t►G residing at
��•�g My commission a
FAf WASN�
Page 4 of 5
EXHIBIT A
OWNER'S PROPERTY
ALL OF LOT 2 AND A PORTION OF LOT 3,BLOCK 1,TOGETHER WITH A PORTION OF
TRACT "E",NORTHWEST BUSINESS PARK-PHASE I,ACCORDING TO THE PLAT
THEREOF,RECORDED IN VOLUME 128 OF PLATS,PAGES 58 THROUGH 61,
INCLUSIVE,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS 2 AND 3,NORTH 89009'14"
WEST, 576.50 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF
LAND CONVEYED BY UPLAND INDUSTRIAL DEVELOPMENT COMPANY TO ODC
PROPERTIES VII,BY DEED RECORDED UNDER RECORDING NUMBER 8812280308;
THENCE ALONG THE EASTERLY LINE OF SAID CONVEYED PARCEL,NORTH
00050'46"EAST,477.31 FEET,TO A POINT ON THE NORTHWESTERLY LINE OF SAID
TRACT"E";
THENCE ALONG SAID NORTHWESTERLY LINE,NORTH 81°19'28"EAST, 584.56 FEET,
TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF
SAID LOT 2;THENCE ALONG SAID NORTHERLY PROLONGATION AND ALONG SAID
EASTERLY LINE, SOUTH 00050146"WEST, 574.01 FEET TO THE POINT OF BEGINNING.
Page 5 of 5
1
r -
After Recording Return to:
Property Management
City of Kent
220-4th Avenue South
Kent WA 98032 20040810000392
PACIFIC NW TIT AG
PAGE001 OF 00S 23.00
KING®couNry09jjp8
Document Title or Titles:
No-Build Agreement
Reference Nos.of Documents Assigned or Released:
N/A 2 3 P1VLvT-
Name of Grantor:
Tarragon-Van Doren's North L.L.C.
Name of Grantee:
City of Kent
I
k
Pages referencing additional names:
k N/A
Abbreviated Legal Description:
Lot 2 and Ptn of Lot 3,Blk 1, and Ptn Tract E Northwest Business Park Phase I,Vol. 128,pp 58
Additional Legal Description Found On: "Oete flea for
Exhibit A attached hereto "" e" "ntvast Tile as
UdyE It has not bee
exarnined as to P OT-w Cox
Assessor's Property Tax Parcel Number or Accou �T erutron or
UPWO
Tax Account Numbers: 619540-0040-00,619540-0030-08 t t�
Page I of 5