HomeMy WebLinkAboutPL04-298 - Original - The Boeing Company - Property Transfer Notification Agreement - 03/15/2005 After recording Return to:
Gerald Bresslour
Office of the General Counsel
The Boeing Company
M/C 11-XT
P O.Box 3707
Seattle, WA 98124-2207
Document Title(s)(or transactions contained therein)
1. Property Transfer Notification Agreement
Reference Number(s)of Related Documents
BSP-2003-1 KIVA#2033096
Grantor(s)
1. The Boeing Company
Grantee(s)
1. The City of Kent
Legal Description(abbreviated i e.,lot,block,plat or section,township,range)
Portion of NE 1/4 and SE 1/4 and SW 1/4 of Section 2 and the NE 1/4 and NW 1/4 of
Section 11,Township 22N,Range 4E,W M.
O Additional legal on page 6 of document
Assessor's Property Tax Parcel/Account Number
022204-9019-08;022204-9062-04,022204-9063-03,022204-9066-00,022204-9067-09;
022204-9068-08.
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NOTIFICATION OF PROPERTY TRANSFER AGREEMENT
This Nptification of Property Transfer Agreement("Agreement")is made as of the 6
day of A& l h 2005,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
I
A. Owner is the owner of certain real property located in the City of Kent, more
particularly described on Exhibit A attached hereto and incorporated herein by this reference(the
"Property").
B. On September 9, 2004 the City and Owner entered into a Development
Agreement related to project permit applications. Concurrently with the City's review of the
Development Agreement, a binding site plan approval for a portion of the Property known as
"Division IV" was issued,City File No BSP-2003-1 ("Binding Site Plan Approval"). Said
approval included a condition, Condition No. III B.11 of said approval, that required Owner
to notify the City when any transfer of any lot within the binding site plan area occurred
(Condition No III B 11 attached hereto as Exhibit B and incorporated herein 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.
C. Owner and the City wish to enter this Agreement to allow Owner to fulfill this
condition of the Binding Site Plan Approval and to implement the Development Agreement.
NOW,THEREFORE,the parties agree as follows:
1. 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
Binding Site Plan Approval and Development Agreement 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 the City with a notarized document signed by the potential
purchaser acknowledging said purchaser has received a copy of the Binding Site Plan
Approval and Development Agreement,read them,and understood their terms and
conditions, and agrees to comply with said documents upon ownership of a lot within the
Property
4. Prior to the review of any project permit application covered by the Development
Agreement, Owner shall cause the City to receive written notice that any transfer
identified in Section 3 of this Agreement that relates to the project permit application has
occurred.
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5. 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 Department
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: Colette Temmink ,
The Boeing Realty Corporation,P.O.Box 3707 M/C 7H-AH, Seattle,WA 98124-2207,
in the same manner as provided above.
OWNER: CITY:
THE BOEING COMP CITY-Z)f KENT
i
By: By:
Its: Ti- Ad 14� C'
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STATE OF WASHINGTON )
ss.
COUNTY OF
On this _ day of a. 2005, before me, the undersigned, a Notary
Public in and for the State of Was ngton, duly commissioned and sworn, personally appeared
S �r 4 k to me known to be the person who signed as huff7r kizc ci LL
of
THE BOENG COMPANY, the corporation that executed the within and foregoing rostrum t,
and acknowledged said 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 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.
F
ry Public tom �washington (Si afore of Nota )
NE C RICE ryt Expires Aug 15 2008
(Print or stamp name of Notary)
NOTARY PUBLIC in and f e State
of Washington, residing at Y1
My appointment expires:
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STATE OF WASHINGTON )
ss.
COUNTY OF
On this day of �� L-, 2005, before me, the undersigned, a Notary
Public m and for e t to of Washington, duly commissioned and sworn, personally appeared
to me known to be the person who
signed as of THE CITY OF KENT, the municipal
corporation that executed 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
(Signature of Notary)
Ue 00- ;+ (Print or stamp name of Notary)
do
• NOTARY PUBLIC in and for the State
A% of Washington,residing at-
My appointment expires. - 2 -69
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EXHIBIT"A"
METES AND BOUNDS LEGAL DESCRIPTION
PACIFIC GATEWAY DIVISION IV
All those portions of Sections 2 and 11, Township 22 North, Range 4 East, Willamette Meridian,
City of Kent, King County, Washington, lying Southerly and Easterly of the Plat of Pacific
Gateway Business Park, as recorded under Recording No. 2001 01 1 7000904, Records of King
County, Washington and lying North of South 212th Street and lying West of the West Valley
Highway(68th Avenue South);
EXCEPT those portions deeded to the City of Kent as recorded under Recording Nos.
20021216003472 and 20021216003473, Records of King County, Washington;
EXCEPT Lots 1 through 9, inclusive, of City of Kent Short Plat No. SP-2000-22, as recorded
under Recording No. 20030506900014, Records of King County,Washington;
EXCEPT Lots 1 through 4, inclusive, and Tracts X and Y of City of Kent Short Plat No. SP-2002-
1, as recorded under Recording No. 20030213900020, Records of King County, Washington,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the Northeast corner of Lot 20 of said Plat of Pacific Gateway Business Park;
THENCE South 880 12'42" East along the South margin of South 199th Place, a distance of
750.96 feet to the beginning of 45.00-foot-radius curve to the right;
THENCE along the arc of said curve, passing through a central angle of 74°31'47", an arc
distance of 58.54 feet;
THENCE South 880 07'42" East, 7.18 feet to the West margin of West Valley Highway(68th
Avenue South);
THENCE along said West margin the following thirteen courses:
THENCE South 01°52'18"West, 104.26 feet;
THENCE South 01°01' 16"West, 824 60 feet;
THENCE South 020 23' 45"West, 53 01 feet;
THENCE North 880 58'44"West, 18.73 feet;
THENCE South 01° 01' 16"West, 70.00 feet;
THENCE South 880 58'44" East, 17.05 feet;
THENCE South 020 23'45"West, 127 04 feet;
THENCE South 01°01' 16"West, 44 00 feet;
THENCE South 150 03 26"West, 41.23 feet;
THENCE South 01° 01' 16"West, 402.00 feet;
THENCE South 880 58' 44" East, 10.00 feet;
THENCE South 01°01' 16"West, 54 00 feet;
THENCE South 000 21' 13" East, 182 00 feet to the North line of said City of Kent Short Plat No.
SP-2000-22;
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THENCE along the North and West lines of said Short Plat the following seven courses:
THENCE South 890 56'49"West, 1630.88 feet;
THENCE South 000 00' 00" East, 788.94 feet;
THENCE South 900 00' 00" East, 141.62 feet to the beginning of a 389.00-foot-radius curve to the
right;
THENCE along the arc of said curve, passing through a central angle of 170 01' 58", an arc
distance of 115.64 feet;
THENCE South 720 58' 02" East, 121.41 feet to the beginning of a 450 00-foot-radius curve to the
left;
THENCE along the arc of said curve, passing through a central angle of 020 17' 230, an arc
distance of 17.98 feet;
THENCE South 000 55'24"West, 1252.05 feet to the North margin of South 212th Street;
THENCE along said North margin the following five courses:
THENCE North 880 57' 07"West, 298.56 feet to the beginning of a 2814 79-foot-radius curve to
the right;
THENCE along the arc of said curve, passing through a central angle of 030 30' 00", an arc
distance of 171.95 feet;
THENCE North 850 27' 07"West, 671 86 feet to the beginning of a 2907 55-foot-radius curve to
the left,
THENCE along the arc of said curve, passing through a central angle of 030 19' 30", an arc
distance of 168.73 feet;
THENCE North 880 46' 37"West, 159.35 feet to the Easterly margin of 59th Place South;
THENCE along said Easterly margin the following six courses:
THENCE North 01° 08' 23" East, 9.86 feet;
THENCE North 550 22' 11"West, 83 04 feet;
THENCE North 000 00' 42" East, 531.02 feet;
THENCE North 01°08' 02"West, 317.95 feet;
THENCE North 000 02' 37" East, 642.55 feet;
THENCE North 000 15' 05"West, 182.31 feet to the South line of said Short Plat No. SP-2000-1;
THENCE along the South and East lines of said Short Plat, the following eight courses:
THENCE South 890 57'52" East, 683.50 feet;
THENCE North 000 00' 00"West,405.74 feet;
THENCE South 890 57' 52" East, 20.45 feet;
THENCE North 000 00'00"West, 308.57 feet;
THENCE North 900 00' 00" East, 396.69 feet
THENCE North 000 00' 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 240 51' 38", an arc
distance of 181.37 feet;
THENCE North 240 51' 38"West, 69.56 feet to the South line of said Plat of Pacific Gateway
Business Park;
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THENCE along the South line of said Plat the following ten courses:
THENCE North 650 08' 221 East, 64.00 feet;
THENCE North 240 51' 38"West, 31.73 feet to the beginning of a 25.00-foot-radius curve to the
right;
THENCE along the arc of said curve, passing through a central angle of 420 14' 58", an arc
distance of 18 43 feet to a point of reverse curvature with a 70 00-foot-radius curve to the left;
THENCE along the arc of said curve, passing through a central angle of 740 07' 08", an arc
distance of 90.55 feet to a point of reverse curvature with a 25.00-foot-radius curve to the right;
THENCE along the arc of said curve, passing through a central angle of 450 03' 11", an arc
distance of 19.66 feet to a point of compound curvature with a 418.00-foot-radius curve to the
right;
THENCE along the arc of said curve, passing through a central angle of 040 29' 10", an arc
distance of 32.73 feet;
THENCE North 890 27' 38" East, 340.40 feet;
THENCE North 00' 00' 06"West, 200.57 feet;
THENCE North 890 52' 57" East, 669 47 feet;
THENCE North 00°00'47"West, 245.83 feet to the POINT OF BEGINNING.
07
EXPIRES 511810-7
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EXHIBIT "B"
Condition III.B.11 from City of Kent Planning Services Binding Site Plan Committee Approval
dated December 23, 2003.
Pacific Gateway Division IV BSP
#BSP-2003-1 KIVA#2033096
III. DECISION
Upon review of the merits of this request and the criteria for granting Binding Site Plan
approval,the Binding Site Plan Committee APPROVES the proposed Pacific Gateway Div IV
Binding Site Plan (#BSP-2003-1, KIVA#2033096) as depicted on the site plan map with the
following conditions:
B. PRIOR TO, OR IN CONJUNCTION WITH, RECORDING THE PACIFIC GATEWAY
DIVISION IV BINDING SITE PLAN (BSP-2003-1):
11. The Owner/Developer shall execute an agreement with the City with terms and
conditions that obligate the Owner/Developer to notify the City of the transfer of any
lot within this BSP to any person or entity other than the Owner/Developer in
conformance with the Development Agreement. This condition shall also be noted
on the face of this BSP.
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