HomeMy WebLinkAboutPW09-349 - Original - King County - Transfer of County-Owned Properties - 11/19/2009 AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF KENT RELATING TO THE TRANSFER OF
COUNTY-OWNED PROPERTIES
THIS IS AN INTERLOCAL AGREEMENT between King County, a home rule
charter county, a political subdivision of the State of Washington, hereinafter
referred to as the "County," and the City of Kent, a municipal corporation of
the State of Washington, hereinafter referred to as the "City."
A. The City and the County entered into an interlocal agreement relating
to improvements on Southeast 240th Street on May 5, 1996. The
County acquired properties for use as drainage facilities. These
properties are known as King County Tax Parcels 162205-9127 and
222205-9009 (the "Parcels"). The drainage facilities sited on these
Parcels are critical to the integrity of the roadway because they
provide for necessary drainage.
B. The City annexed Parcel 162205-9127, as part of the DeMarco
annexation effective June 27, 2001. The City annexed Parcel 22205-
9009 as part of the Meridian Valley annexation, effective July 1, 1997.
C. The County wishes to transfer the Parcels to the City so that the City
can properly maintain them as needed. The Parcels are legally
described in Exhibit 1, attached and incorporated herein.
D. The City desires to accept the Parcels.
E. The Parcels are considered surplus to the needs of the County's Road
Services Division, the custodial agency, and do not meet the County
affordable housing criteria.
F. The City requests that the County transfer the Parcels to the City for
maintenance of the properties in their natural condition as a reserve
for future use, or if necessary, for drainage-related repairs or other
purposes related to the maintenance and operation of adjacent
roadways.
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G. The County is willing to comply with the City's request for the transfer
of the Parcels for the strict purpose of maintaining the properties in
their natural condition, facilitating any future drainage-related repairs,
or other purposes related to the maintenance and operation of
adjacent roadways.
NOW THEREFORE, pursuant to Chapter 39.34 RCW, the Interlocal
Cooperation Act, and in consideration of the terms and conditions contained
herein, it is mutually agreed by the County and the City as follows:
1. COUNTY RESPONSIBILITIES
1.1 Within thirty (30) days of the execution of this Agreement by
the parties, the County shall transfer to the City, ownership of
the Parcels by quit claim deed.
1.2 Upon the transfer of the Parcels, the parties agree that the
County shall have no further commitment or obligation to the
City related to or arising from adjacent roadways or the Parcels.
2. CITY RESPONSIBILITIES
2.1 The City will maintain the Parcels in their existing condition, and
the City will use the Parcels to facilitate future drainage related
repairs, or other purposes related to maintenance and operation
of adjacent roadways.
2.2 The deed to the properties shall contain all reservations of
record known to the County, and the following specific covenant
pertaining to use:
The Grantee shall maintain the property in its existing
condition and may only use the property for drainage
purposes related to the adjacent portion of Southeast
240th Street, or other purposes related to the operation
and maintenance of said roadway and for no other
purpose without the prior written consent of the King
County Road Engineer.
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2.3 The City will reimburse the County the full market value of any
portion of the Parcels transferred pursuant to this Agreement
that is used for purposes not authorized by this Agreement.
3. DURATION
This Agreement shall be effective upon execution by both parties, and
shall continue in force and in accordance with the terms of this
Agreement, or until this Agreement is terminated in writing by mutual
consent of both parties.
4. INDEMNIFICATION
Washington State law shall govern the respective liabilities of the
parties to this Agreement for any loss due to property damage or
injury to persons arising out of activities conducted pursuant to it.
5. AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this
contract shall be subjected to inspection, review or audit by the City or
the County at the requesting party's sole expense during the term of
this Agreement and three (3) years after expiration or termination.
Such records shall be made available for inspection during regular
business hours within a reasonable time of the request.
6. WAIVER OR AMENDMENTS
Waiver of any breach of any term or condition of this Agreement shall
not be deemed a waiver of any prior or subsequent breach. This
Agreement shall not be modified or amended except by an instrument,
in writing, signed by the parties hereto.
7. ENTIRE AGREEMENT
This Agreement is the complete expression of the terms hereof and
any representations or understandings, whether oral or written, not
incorporated herein are excluded
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8. INVALID PROVISION
If any provision of this contract shall be held invalid, the remainder of
the agreement shall not be affected thereby if such remainder would
then continue to serve the purposes and objectives of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date last signed below,
KING C UNTY F
ENT
KING COUN EUT E OR
� , /XEC; � d
DATE T DATE
Approv From:
in Co ty D ty rosecuting Attorney City Attorney
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that he
signed this instrument, on oath stated that he is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to
be the free and voluntary act of such party for the uses and purposes
mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
se�t� e%Oy and year first above written. ✓(
•••N,oii
NOTARY PUBLIC, in and for the State
4,,�;118\\A -4F� _ of Washington, residing at
,� E'OF My appointment expires �Z-
11 W A
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Exhibit 1
Parcel # 162205-9127
Lot 4, King County Short Plat Number 386068 as recorded under Recording
Number 8806160131, said short plat being a portion of the south half of the
east half of the southeast quarter of the southwest quarter of Section 16,
Township 22 North, Range 5 East, W.M., in King County, Washington;
TOGETHER WITH an easement for ingress, egress and utilities over Tracts
"X" and "Y" as delineated on said Short Plat, and as delineated in King
County Short Plat Number 584040R, as recorded under Recording Number
8804200941;
EXCEPT that portion of Tract "Y" lying within the main tract herein.
Parcel # 222205-9009
That portion of the North 666.44 feet of the west 1h of the northwest 1/4 of
the northwest 1/4
of Section 22, Township 22 North, Range 5 East, W.M., lying southerly of the
SE 240th Street right-of-way; Except the North 417.50 feet of the West
313.125 feet, and the South 248.94 feet of the West 330.30 feet thereof;
Subject to: EASEMENT AND CONDITIONS CONTAINED THEREIN, AS
GRANTED BY INSTRUMENT: Recorded September 18, 1960 Recording No.
599747. EASEMENT AND CONDITIONS CONTAINED THEREIN, AS GRANTED
BY INSTRUMENT: Recorded May 1, 1969 Recording No. 6504544.
AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded March
26, 1980 Recording No.: 8003260597.
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