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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