HomeMy WebLinkAboutAD10-167 - Original - King County - Transfer of Real Property: Panther Lake Annexation - 07/01/2010 CONFORMED COPY
20100707000103
KING COUNTY INTERLOCA 0 00
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Title: King County Panther Lake Annexation to the City of Kent Property Transfer Interlocal
Agreement
Grantor: King County
Grantee: City of Kent
Legal Description: An Interlocal Agreement between King County and the City of Kent relating
to the annexation of the Panther Lake Annexation Area and transferring certain roads-related
properties, greenbelt-related properties and parks facilities and properties to the city.
Tax Parcel#'s:
092205-9183 337450-UNKN
042205-9084 388310-UNKN
092205-9064 520180-TRCT
162205-9091 541980-UNKN
279610-0800 807857-TRCT
278732-0800 807810-TRCT
432421-0190 865400-UNKN
432455-0510 926580-TRCT
162205-9099 172205-9270
556170-0510 092205-9129
556171-0450 289300-0080
941271-0509 162205-9015
1522059139
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND KING
COUNTY, RELATING TO THE PANTHER LAKE ANNEXATION AREA AND
THE TRANSFER OF REAL PROPERTY
THIS AGREEMENT is made and entered by and between the City of Kent, a State of
Washington municipal corporation("City"), and King County, a political subdivision of
the State of Washington("County") Together, the City and the County are referred to as
the "Parties"to this Agreement.
WHEREAS, the City has identified the Panther Lake Potential Annexation Area ("PAA")
in its comprehensive plan, consistent with the requirements of the state Growth
Management Act ("GMA") and the Countywide Planning Policies adopted consistent
with GMA, which PAA is further described in Exhibit A hereto and is hereinafter
referred to as the"Annexation Area," and
WHEREAS, on an election date in November 2009, the citizens of the Annexation Area
had an opportunity to vote on whether to annex to the City, and the voters approved
annexation of the Annexation Area; and
WHEREAS, annexation of the Annexation Area to the City will become effective on or
before July 1, 2010; and
WHEREAS, as of the date of legal annexation of the Annexation Area, pursuant to state
law,the City will own, and have the responsibility for the operation, safety and -
maintenance of all former County roads, bridges and rights-of-way located within the
City limits together with all appurtenances located within such rights-of-way, including
but not limited to, drainage facilities, storm water facilities, street lights, traffic signals
and traffic signs; and
WHEREAS, the City and the County desire to facilitate an orderly transition of services
associated with the Annexation Area; and
WHEREAS,the City and the County desire to mutually determine the appropriate timing
for the transfer of public records; and
WHEREAS, the City and the County want to ensure a smooth transfer of ownership and
maintenance of existing County related property interests in the Annexation Area; and
WHEREAS, all local governmental land use authority and jurisdiction with respect to the
Annexation Area transfers from the County to the City upon the effective date of
annexation; and
WHEREAS,the governing bodies of each of the Parties hereto have determined to enter
into this Agreement as authorized and provided for by the Interlocal Cooperation Act,
codified at Chapter 39.34 RCW, and other Washington law, as amended;
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NOW THEREFORE, in consideration of the mutual terms, provisions and obligations
contained herein, it is agreed by and between the City and the County as follows:
1. TERM. This Agreement shall be deemed to take effect following the approval of the
Agreement by the official action of the governing bodies of each of the Parties and
the signing of the Agreement by the duly authorized representative of each of the
Parties, and shall continue in force for a period of five (5) years from the effective
date of annexation of the Annexation Area.
2. RECORDS TRANSFER. The County shall work with the City to transfer to the City
public records including but not limited to record drawings or construction drawings
k that are requested by the City related to transferred facilities and properties within the
areas so annexed. The City shall send a written request for records to the director of
the County division holding such records Alternately, the City may request in
writing that such director schedule a records transfer meeting at which City
representatives shall meet with County department representatives in order to review
and identify records to be copied and/or transferred consistent with the terms of this
Section 2. The request shall provide sufficient detail to allow the County to identify
and locate the requested records. The County shall make its best effort to provide the
documents within forty-five (45) days of the request. The County may elect to
provide original records or copies of records. The County shall not be required to
provide records that are not reasonably available or to create records or compilations
that have not already been created. The County shall provide the City free of charge
one set of records meeting the requirements of this section.
3. TITLE REPORTS. This Agreement includes the terms by which the County will
transfer to the City ownership of real property described as Road-Related Properties
(Section 4.), Greenbelts (Section 5), and Parks and Open Space(Exhibit E.). For
each of these properties, the County shall provide the City, at the County's expense, a
recent title report identifying the rights, conditions, covenants, obligations, limitations
and reservations of record.
4. TRANSFER OF ROADS-RELATED PROPERTIES TO CITY.
a. Transfer of Road-Related Properties.
Upon the effective date of annexation, the County shall convey to the City by
quitclaim deed. substantially in the form of Exhibit B attached hereto and
incorporated herein by reference. the Road-Related Properties located in the
Annexation Area and identified in Exhibit C attached hereto and incorporated
herein by reference, subject to all rights, conditions, covenants, obligations,
limitations and reservations of record; and the City shall accept the same. The
City agrees to abide by and enforce all rights, conditions, covenants, obligations,
limitations and reservations for the Road Related Properties. The City covenants
that the properties described in Exhibit C shall continue to be used and
maintained in perpetuity for road-related purposes unless other equivalent lands
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within the City are received in exchange therefore; or if the Property is sold or
traded for land not for an equivalent use, the City shall pay the County the tax
assessed value of the property as of the date the property is transferred to the City
under this Agreement.
b. Condition of and Responsibility for Operations, Maintenance, Repairs, and
Improvements of Road-Related Properties.
i. The City will have the opportunity to inspect the Road-Related Properties
before accepting ownership. However, regardless of such inspection, the City
has the duty to accept all facilities as specified in this Agreement The City's
inspection shall not, however, constitute a waiver of any indemnification
required by the County for negligent acts or omissions of the County, its
officers, agents, and employees, or any of them, during the period of County
ownership. The County will make its records concerning the Road-Related
Properties available to the City, and the County personnel most
knowledgeable about the Road-Related Properties will be available to jointly
inspect the property with City personnel and to provide the City the status of
maintenance of such facilities, and to point out known conditions, including
any defects or problems, if any, with the Road-Related Properties. The City
agrees to accept the Road-Related Properties in AS IS condition, and to
assume full and complete responsibility for all operations, maintenance,
repairs, and improvements of the Road-Related Properties during the period of
City ownership.
ii. King County does not make and specifically disclaims any warranties, express
or implied, including any warranty of merchantability or fitness for a
particular purpose, with respect to the Road-Related Properties, and no
official, employee, representative, or agent of King County is authorized
otherwise.
c. Environmental Liability related to the Road-Related Properties.
i. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or
toxic wastes, materials, or substances as defined in state or federal statutes or
regulations as currently adopted or hereafter amended.
ii. Nothing in this Agreement shall be deemed to waive any statutory claim for
contribution that the City might have against the County under federal or
state environmental statutes that arises from hazardous materials deposited or
released on the Road-Related Properties by the County during the County's
period of ownership. The City may not, however, assert such a claim to the
extent that the City creates the need for or exacerbates the cost of
remediation upon which a statutory claim for contribution is based as a result
of the City performing construction activities on, changing the configuration
of, or changing the use of the Road-Related Properties.
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f
iii. If the City discovers the presence of hazardous materials at levels that could
give rise to a statutory claim for contribution against the County it shall notify
the County in writing within ninety (90) days of discovery. The Parties shall
make their best efforts to reach agreement as to which Party is responsible for
remediation under the terms of this Agreement prior to undertaking any
remediation.
iv. In no event shall the County be responsible for any costs of remediation that
exceed the minimum necessary to satisfy the state or federal agency with
jurisdiction over the remediation.
d. Indemnification and liability related to Road-Related Properties.
i. The County shall indemnify and hold harmless the City and its officers, agents
and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever,by
reason or arising out of any negligent action or omission of the County, its
officers, agents, and employees, or any of them, during the County's period of
ownership. In the event that any suit based upon such a claim, action, loss, or
damage is brought against the City, the County shall defend the same at its
sole cost and expense, provided that the City retains the right to participate in
said suit if any principal of governmental or public law is involved. If final
judgment be rendered against the City and its officers, agents, and employees,
or any of them, or jointly against the City and County and their respective
officers, agents, and employees, or any of them, the County shall satisfy the
same.
ii The City shall indemnify and hold harmless the County and its officers, agents
and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by
reason or arising out of any negligent action or omission of the City, its
officers, agents, and employees, or any of them, during the City's period of
ownership. In the event that any suit based upon such a claim, action, loss, or
damage is brought against the County, the City shall defend the same at its
sole cost and expense, provided that the County retains the right to participate
in said suit if any principal of governmental or public law is involved. If final
judgment be rendered against the County and its officers, agents. and
employees, or any of them, or jointly against the City and County and their
respective officers, agents, and employees, or any of them, the City shall
satisfy the same.
iii. Each Party agrees that its obligations under this Section 4.d extend to any
claim, demand, and/or cause of action brought by or on behalf of any
employees, or agents. For this purpose, each Party, by mutual negotiation,
hereby waives, with respect to the other Party only, any immunity that would
otherwise be available against such claims under the Industrial Insurance
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Y
provisions of Title 51 RCW, but only to the extent necessary to indemnify the
other Party.
e. Survival.
The provisions of this Section 4 shall survive the expiration or earlier termination
of this Agreement.
5. GREENBELTS, PARK AND OPEN SPACE FACILITIES AND PROPERTIES.
a. Greenbelt Properties.
Upon the effective date of annexation, the County shall convey to the City,by
quitclaim deed, the Greenbelt Properties located in the Annexation Area and
identified in Exhibit D attached hereto and incorporated herein by reference,
subject to all rights, conditions, covenants, obligations, Invitations and
reservations of record; and the City shall accept the same. The City agrees to
abide by and enforce all rights, conditions, covenants, obligations, limitations and
reservations for the Greenbelt Properties.
b. Condition of and Responsibility for Operations, Maintenance, Repairs, and
Improvements of Greenbelt Properties.
i. The City will have the opportunity to inspect the Greenbelt Properties before
accepting ownership. However, regardless of such inspection, the City has the
duty to accept all Greenbelt Properties as specified in this Agreement. The
City's inspection shall not, however, constitute a waiver of any
indemnification required of the County for any negligent action or omission of
the County, its officers, agents, and employees, or any of them, in performing
actions on the Properties during the County's period of ownership. The
County will make its records concerning the Greenbelt Properties available to
the City, and the County personnel most knowledgeable about the Greenbelt
Properties will be available to jointly inspect the Greenbelt Properties with
City personnel and to provide the City the status of maintenance of such
properties, point out known conditions, including any defects or problems, if
any, with the Greenbelt Properties. The City agrees to accept the Greenbelt
Properties in AS IS condition, and to assume full and complete responsibility
for all operations, maintenance, repairs, and improvements of the Greenbelt
Properties during the period of City ownership.
ii. King County does not make and specifically disclaims any warranties, express
or implied, including any warranty of merchantability or fitness for a
particular purpose, with respect to the Greenbelt Properties and no official,
employee, representative, or agent of King County is authorized otherwise.
c. Environmental Liability Greenbelt.
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ii
Section 4.c, concerning environmental liability regarding the Road-related
Properties, is hereby incorporated in its entirety by this reference, and applies to
the Greenbelt Properties as if fully set forth herein.
d. Indemnification regarding Greenbelt Properties.
i. The County shall indemnify and hold harmless the City and its officers, agents
and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by
reason or arising out of any negligent action or omission of the County, its
officers, agents, and employees, or any of them, during the County's period of
ownership In the event that any suit based upon such a claim, action, loss, or
damage is brought against the City, the County shall defend the same at its
sole cost and expense, provided that the City retains the right to participate in
said suit if any principal of governmental or public taw is involved. If final
judgment be rendered against the City and its officers, agents, and employees,
or any of them, or jointly against the City and County and their respective
officers, agents, and employees, or any of them, the County shall satisfy then
same.
ii. The City shall indemnify and hold harmless the County and its officers, agents
and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by
reason or arising out of any negligent action or omission of the City, its
officers, agents, and employees, or any of them, during the City's period of
ownership. In the event that any suit based upon such a claim, action, loss, or
damage is brought against the County, the City shall defend the same at its
sole cost and expense, provided that the County retains the right to participate
in said suit if any principal of governmental or public law is involved. If final
judgment be rendered against the County and its officers, agents, and
employees, or any of them, or jointly against the City and County and their
respective officers, agents, and employees, or any of them,the City shall
satisfy the same.
iii. Each Party agrees that its obligations under this Section 5.d extend to any
claim, demand, and/or cause of action brought by or on behalf of any
employees, or agents. For this purpose, each Party, by mutual negotiation,
hereby waives, with respect to the other Party only, any immunity that would
otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW, but only to the extent necessary to indemnify the
other Party.
e. Park and Open Space Facilities and Properties.
i. County shall transfer to the City, and the City shall accept,the park properties
located in the Annexation Area and listed in Exhibit E-lattached hereto and
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incorporated herein,which park properties are more generally known as Park
Orchard Park, Green Tree Park, Green"Tree Park Tract A (open space), and
North Meridian Park (hereinafter the "Park Properties")
ii. These transfers shall be accomplished through an intergovernmental property
transfer agreement substantially in the form of Exhibit E attached hereto and
incorporated herein. It is the intent of the Parties that transfer of the Park
Properties shall occur as nearly as possible on or immediately after the
effective date of the annexation of the Annexation Area.
6. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the
following persons shall be the administrators of this Agreement and shall be the
contact person for their respective jurisdiction.
I
King County: City of Kent:
Dwight Dively John Hodgson
Director, King County Office of Chief Administrative Officer
Management and Budget City of Kent
401 5` Avenue, Suite 810 220 Fourth Ave S.
Seattle, WA 98104 Kent, WA 98032
7. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance
with federal, state, and local laws and regulations Specifically, in meeting the
commitments encompassed in this Agreement, all parties will comply with, among
other laws and regulations, the requirements of the Open Meetings Act, Public
Records Act, Growth Management Act, State Environmental Policy Act, and
Annexation Statutes. The Parties retain the ultimate authority for land use and
development decisions within their respective jurisdictions as provided herein. By
executing this Agreement, the Parties do not purport to abrogate the decision-making
responsibility vested in them by law.
8. INDEMNIFICATION.
The following indemnification provisions shall apply to the entirety of this
Agreement except for- (1) Section 4 concerning Road-Related Properties which
contains separate indemnification provisions, (2) Section 5(a)-(d) concerning
Greenbelt Properties which contains separate indemnification provisions, and (3)
Exhibit E relating to the transfer of Park Properties which also contains separate
indemnification provisions.
a. The County shall indemnify and hold harmless the City and its officers, agents
and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of the County, its officers, agents, and
Page 7 of 48
employees, or any of them, in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damage is
brought against the City, the County shall defend the same at its sole cost and
expense, provided that the City retains the right to participate in said suit if any
principle of governmental or public law is involved. If final judgment be
rendered against the City and its officers, agents, and employees,or any of them,
or jointly against the City and County and their respective officers, agents, and
employees, or any of them. the County shall satisfy the same.
b. The City shall indemnify and hold harmless the County and its officers, agents
and employees or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of the City, its officers, agents, and
employees, or any of them, in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss,or damage is
brought against the County, the City shall defend the same at its sole cost and
expense,provided that the County retains the right to participate in said suit if any
principle of governmental or public law is involved. If final judgment be
rendered against the County and its officers, agents. employees, or any of them, or
jointly against the City and County and their respective officers, agents, and
employees or any of them, the City shall satisfy the same.
c. The City and the County acknowledge and agree that if such claims, actions, suits,
liability. loss, costs, expenses and damages are caused by or result from the
concurrent negligence of the City, its agents, employees, and/or officers, and the
County, its agents,employees, and/or officers,then this Section 8 shall be valid
and enforceable only to the extent of the negligence of each Party, its agents,
employees and/or officers.
d. The provisions of this Section 8 shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or
termination.
9. EXECUTION OF DOCUMENT.
This Agreement is contingent on the Parties contemporaneously entering into and
fully executing the Interlocal Agreement between the City of Kent and King County
relating to the annexation of the Panther Lake Potential Annexation Area If the
Interlocal Agreement between the City of Kent and King County relating to the
annexation of the Panther Lake Potential Annexation Area is not entered into and
fully executed by the Parties on the same date as this Agreement, then either Party
may terminate this Agreement by providing written notice to the other within 10 days
of the date of this Agreement, and upon such termination neither Party shall have any
further rights or obligations with regard to the other.
10. GENERAL PROVISIONS.
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a. Entire Agreement This Agreement, together with all Exhibits hereto, contains all
of the agreements of the Parties with respect to any matter covered or mentioned
in this Agreement, and no prior agreements shall be effective for any purpose.
b. filing. A copy of this Agreement shall be filed with the Kent City Clerk and
recorded with the King County Recorder's Office.
i
c. Records. Until December 31, 2020, any of either Party's records related to any
matters covered by this Intergovernmental Agreement, and not otherwise
privileged, shall be subject to inspection, review, and/or audit by either Party at 1
the requesting Party's sole expense. Such records shall be made available for
inspection during regular business hours within a reasonable time of the request.
Other provisions of this Section 10 notwithstanding, police/sheriff records shall
be retained according to the state records retention schedule as provided in RCW
Title 42 and related Washington Administrative Code provisions.
d. Amendments No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
e. Severability. If one or more of the clauses of this Agreement is found to be
unenforceable, illegal, or contrary to public policy, the Agreement will remain in
full force and effect except for the clauses that are unenforceable, illegal, or
contrary to public policy.
f. Assignment Neither the City nor the County shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
g. Successors in Interest. Subject to the foregoing subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest, heirs, and assigns.
h. Dispute Resolution. The Parties should attempt, if appropriate,to use an
alternative dispute resolution("ADR")process such as mediation through an
agreed-upon mediator and process, if agreement cannot be reached regarding
interpretation or implementation of any provision of this Agreement. All costs for
ADR services would be divided equally between the Parties Each Party would
be responsible for the costs of their own legal representation.
i. Attorneys' . In the event either of the Parties defaults on the performance of
any terns of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all
its own attorneys' fees, costs and expenses.
Page 9 of 48
j. No waiver. Failure of either the County or the City to declare any breach or
default immediately upon the occurrence thereof, or delay in taking any action in
connection with, shall not waive such breach or default.
k. Applicable Law. Washington law shall govern the interpretation of this
Agreement. King County shall be the venue of any ADR, arbitration or lawsuit
arising out of this Agreement.
1. Authority. Each individual executing this Agreement on behalf of the City and
the County represents and warrants that such individuals are duly-authorized to
execute and deliver the Agreement on behalf of the City or the County.
in. Notices. Any notices required to be given by the Parties shall be delivered at the
addresses set forth above in Section 6. Any notices may be delivered personally
to the addressee of the notice or may be deposited in the United States mail,
postage prepaid, to the addresses set forth above in Section 6. Any notice so
posted in the United States mail shall be deemed received three (3) days after the
date of mailing.
n. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
o. Equal Opportunity to Draft. The Parties have participated and had an equal
opportunity to participate in the drafting of this Agreement No ambiguity shall be
construed against any Party upon a claim that that Party drafted the ambiguous
language.
p. Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the Parties hereto. No other person or entity shall have
any right, privilege, interest, cause of action, duty, or obligation under this
Agreement or based on any provision set forth herein.
IN WITNESS THEREOF, the Parties have executed this Agreement.
Page 10 of 48
CITY OF KENT: KING COUNTY:
Su tte C oke, May:2,191 Dow Constantine, Executive
e: � 30 D Date: ` lro
ATTEST: ATTEST:
City(A erk
DATED: G 30 .W/O DATED:
Approved as to Formes "eputyPp6secuting
'
LAC � TJ
City Attorney f Attorney
NOTARY BLOCKS APPEAR ON NEXT PAGE
Page 11 of 48
STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this d�&11 day of 2010, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn personally appeared, to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that 5E7a"I-e-
signed and sealed the said instrument as free and voluntary act and deed for the
uses and purposed therein mentioned.
i
WITNESS my hand and official seal hereto affixed the day- and year in this certificate '
above written. _ ORIGGS� 4h
oN EZA;I,, f/, Notary Public in and for the
R� ,, rr State of Washington, residing
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STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this I s4- day of --U Ly 2010, before me,the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn personally appeared, to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that -Pa VV "NSTANTINF
signed and sealed the said instrument as +1 S free and voluntary act and deed for the
uses and purposed therein mentioned
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Notary Public in and for the
State of Washington, residing
J0 �7- bhp` ��j at U N l VC RS r y 'PLAc4E f wA-
4 P r' City and State
g w19 _ My appointment expires o2 'f 2.013
z. OF4..P` `�� IAANL S WHiTI;:-
Page 12 of 48
ZOIo lot �`�-
Exhibit A
Description of Annexation Area
Panther Lake Annexation Area
Legal Description
BOUNDARIES OF THE PANTHER LAKE ANNEXATION AREA
All those portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, and 17, Township 22 North,
Range 5 East, W.M., and Sections 32 and 33, Township 23 North, Range 5 East, W.M.,
in King County, Washington, described as follows:
Commencing at the east quarter corner of Section 6, Township 22 North, Range 5 East,
W.M.;
thence southerly, along the east line of said section,to the easterly prolongation of the
south right of way margin of South 200`h Street;
thence westerly, along said prolongation,to the west right of way margin of 100th Avenue
SE, the northeast corner of the Kent City Limits as established by Kent Ordinance 93099,
as recorded under King County Recording Number 9305110613, and the TRUE POINT
OF BEGINNING;
thence continuing westerly, along said south margin of South 200d, Street and the north
margin of said city limits, to the west right of way margin of 92°d Avenue South and the
east line of the Kent City Limits as established by Kent Ordinance #1017, as recorded
under King County Auditor's File Number 5024149:
thence northerly, along said west margin and said city limits,to the east west center of
section line of said Section 6,
thence easterly, along said center of section line and said city limits, to the center of said
Section 6;
thence northerly, along the north south center of section line and said city limits, to the
north right of way margin of South 200`h Street and the south line of the Renton City
Limits as established by Renton Ordinance #5327, under King County Recording
Number 20080109000833;
Page 13 of 48
a,
thence easterly, along said north margin and said Renton City limits, to the westerly right
of way margin of SR 515 (108th Avenue SE) and the east line of the City of Renton City
Limits as described in said Renton Ordinance #5327;
thence northerly, along said west margin and the Renton City Limits as described in said
ordinance, to a point 40 feet west of Highway Engineer's Station 270+40, as shown on
Washington State Department of Highways Right of Way Plan SR 515 MP 3.87 to MP
5.15, Renton Vicinity, SE 196th to Carr Road;
thence easterly to a point 40 feet east of Highway Engineer's Station 270+50 as shown on
said right of way plan, also being the northerly margin of SE 192"d Street and the south
line of the City of Renton City Limits as described in said Renton Ordinance #5327;
thence easterly, along said north margin and the Renton City Limits as described in said
ordinance,to the intersection of said north margin with the northerly extension of the east
right of way margin of 124th Avenue SE, and the westerly boundary of Soos Creek Park;
thence along said westerly park boundary and the adjoining roadways the following
courses and distances:
thence southerly, along said northerly extension and the east margin of said 124th Avenue
SE, to the north line of the south half of the north half of Government Lot 2 of said
Section 4;
i
thence easterly, along said north line,to the west margin of the Bonneville Transmission
Line Easement(Covington-Seattle Line);
thence southeasterly, along said west margin, to the south line of Morford Park, as
recorded in Volume 180 of Plats, g County;
es 1-3, records of Kin Count ;
pages
thence easterly, along said south line,to the west line of the east 450 feet of the south half
of the south half of the southwest quarter of the northeast quarter of said Section 4;
thence southerly, along said west line, to the south line of the northeast quarter of said
Section 4;
thence easterly, along said south line,to the west line of the northeast quarter of the
southeast quarter of said Section 4;
thence southerly, along said west line, to the north line of Linda Highlands Division No.
1, as recorded in Volume 91 of Plats, page 25, records of King County;
thence generally easterly and southeasterly , along the northeasterly line of said plat, to
the north line of Greystone, as recorded in Volume 154 of Plats, pages 40-41, records of
King County;
thence easterly, along said north line, to the east line of said Section 4;
Page 14 of 48
thence southerly, along said east line, 105.29 feet to the northwest corner of a tract of
land conveyed to Charles R Gardner by warrantee deed recorded under King County
Recording Number 8507090815;
thence southeasterly, along the northeasterly line of said Gardner tract and said park
boundary, S59°28'10"E 125.62 feet to an angle point in said northeasterly line,
thence continuing along said northeasterly boundary and said park boundary,
S30036'37"E 834.39 feet, more or less, to the northwest right of way margin of SE 204th
Way (SE Lake Youngs Way);
thence southeasterly, perpendicular to the centerline of said SE 204th Way, 100 feet, to
the southeast right of way margin thereof,
thence northeasterly, along said southeast right of way margin, to the west line of the east
495 feet of the southwest quarter of the southwest quarter of said Section 3, also being
the west boundary of said park;
thence along said park boundary, southerly along said west line, 50 feet to the northwest
corner of a tract of land conveyed to Daniel John Overstreet by statutory warrantee deed
recorded under King County Recording Number 9707311841;
thence along the northeasterly line of the Overstreet tract and said park boundary,
S54032'25"E 398.74 feet to the west line of the east 165 feet of the southwest quarter of
the southwest quarter of said Section 3;
thence southerly, along said west line, to the north line of the south 528 feet of said
section,
thence easterly, along said north line, to the west line of the southeast quarter of the
southwest quarter of said Section 3;
thence southerly, along said west line, to the north right of way margin of SE 208th Street
(H C. Green Road, County Rd No. 329);
thence easterly, along said north margin, to the northerly extension of the east line of the
west 270 feet of the northeast quarter of the northwest quarter of said Section 10;
thence southerly, along said northerly extension and the east line thereof, to the south line
of the north half of the northwest quarter of the northeast quarter of the northwest quarter
of said Section 10;
thence easterly,along said south line,to the east line of the west half of the northwest
quarter of the northeast quarter of the northwest quarter,
Page 15 of 48
thence southerly, along said east line,to the southeast corner of the west half of the
northwest quarter of the northeast quarter of the northwest quarter:
thence westerly, along said south line, to a point on the east line of a tract of land
conveyed to Karen J. Arango by Quit Claim Deed recorded under King County
Recording Number 9601030485, described as the west 108.9 feet of the south 400 feet of
the north 860 feet, as measured along the west line, of the northeast quarter of the
northwest quarter of said Section 10, said point being 200 feet north of the southeast
corner of said tract;
thence southerly, along said east line, 200 feet to the southeast corner of said tract;
thence westerly, along the south line of said tract, to the west line of the northeast quarter
of the northwest quarter;
thence southerly, along said west line, to the north line of the south half of the north half
of the southwest quarter of the northwest quarter of said Section 10;
thence westerly, along said north line, 100 feet,to the west line of the east 100 feet of the
southwest quarter of the northwest quarter of said Section 10;
thence southerly, along said west line, and its southerly extension,to the south right of
way margin of SE 216th Street(Albert Haverinen Road);
thence easterly, along said south margin,to the west boundary of the park property as
described in warranty deeds recorded under King County Recording Numbers
9506090372, and 9506090371;
thence along said park boundary as established by said warrantee deeds, S08°38'08"W
155.90 feet;
thence S05°32'16"E 256.57 feet;
thence S05°03'27"E 179.40 feet;
thence S02116'36"W 119.91 feet;
thence S13°50'14"E 114.38 feet;
thence S09°57'42"E 178.35 feet;
thence S10°45'26"E 264.27 feet;
thence S45°51'35"W 62.76 feet to the north line of the southeast quarter of the southwest
quarter of said Section 10;
Page 16 of 48
thence westerly, along said north line, to the west line of the southeast quarter of the
southwest quarter of said Section 10;
thence southerly, along said west line,to the south line of said Section 10;
thence easterly, along said south line, to the southerly right of way margin of SE 224th
Street(Johnson Road NO. 328);
thence easterly, along said southerly margin, to the east line of the west quarter of the
northeast quarter of the northwest quarter of said Section 15;
thence southerly, along said east line, to the south line of the northeast quarter of the
northwest quarter of said Section 15;
thence easterly, along said south line,to the east line of King County Short Plat No.
280062, recorded under King County Recording Number 8010150859;
thence southeasterly, along said east line,to the east line of Lot B of King County Lot
Line Adjustment No. L99L001, recorded under King County Recording Number
9903099010;
thence southeasterly, along said east line, to the south line of the northwest quarter of said
Section 15;
thence easterly, along said south line,to the east line of the west half of said Section 15;
thence southerly, along said east line,to an intersection with the east right of way margin
of 1401h Avenue SE;
1
thence southerly, along said east right of way margin, to the north line of the south
522.00 feet of the northwest quarter of the southeast quarter of said Section 15;
thence easterly, along said north line,to the east line of the west 417.50 feet of the
northwest quarter of the southeast quarter of said Section 15,
thence southerly, along said east line, to the north line of the southwest quarter of the
southeast quarter of Section 15, Township 22 North, Range 5 East, W.M. and the north
line of Country Club North, Division 2, as recorded in Volume 184 of Plats. Pages 18
through 20, records of King County and the Kent City Limits as established by Kent
Ordinance 43344, as recorded under King County Recording Number 9706250235;
thence westerly, leaving said park boundary, along said north line and said city limits, to
the north south center of section line of said Section 15;
Page 17 of 48
thence continuing westerly along the north line of the south half of the southwest quarter
of said Section 15 and said city limits, to the southeast corner of the north half of
southeast quarter of Section 16, Township 22 North, Range 5 East, W.M.;
thence continuing westerly, along the south line of said north half,to the westerly right of
way margin of 132nd Avenue SE and the southeast corner of that portion of the Kent City
Limits as established by Kent Ordinance #3562;
thence northerly, along the west margin of 132nd Avenue SE and said city limits,to the
south line of the north half of the north half of the northeast quarter of the southeast
quarter of said Section 16;
thence westerly, along said south line and said city limits,to the east line of the northwest
quarter of the southeast quarter of said Section 16;
thence northerly, along said east line and said city limits, to the north line of the southeast
quarter of said Section 16;
thence westerly, along said north line and said city limits,to the southeast corner of the
northwest quarter of said Section 16;
thence westerly, along the south line of the southeast quarter of the northwest quarter of
said Section 16 and said city limits, to the southwest corner of said subdivision;
thence northerly, along the west line of said subdivision and said city limits, to the
northeast corner of the south half of the south half of the southwest quarter of the
northwest quarter of said Section 16;
thence westerly, along the north line of said subdivision and said city limits,to the east
line of the northeast quarter of Section 17, Township 22 North, Range 5 East, W.M. and
the east line of the Kent City Limits as established by Kent Ordinance# 1940, as
recorded under King County Recording Number 7509300621;
thence northerly, along the east line of said northeast quarter and said city limits,to the
south line of the north half of the north half of the southeast quarter of the northeast
quarter of said Section 17;
thence westerly, along said south line and said city limits, to the west right of way margin
of 116th Avenue SE and the southeast corner of that portion of the Kent City Limits as
established by Kent Ordinance # 2828, as recorded under King County Recording
Number 8902070337;
thence northerly, along said west margin and said city limits, to the north line of the
southeast quarter of the northeast quarter of said Section 17;
Page 18 of 48 �
thence westerly, along said north line and the north line of said city limits and the north
line of the Kent City Limits as established by Kent Ordinance 92048, as recorded under
King County Recording Number 7710180759, to the west line of the southeast quarter of
the northeast quarter of said Section 17;
thence southerly, along the west line of said subdivision and the city limits as established
under said Ordinance 92048 and aforesaid Ordinance 91940, to the northwest corner of
the northeast quarter of the southeast quarter of said Section 17;
thence continuing southerly, along the west line of said subdivision and said city limits to
south line of the north 30 00 feet of the northwest quarter of the southeast quarter of said
Section 17, also being the easterly prolongation of the south right of way margin of SE
232nd Street and the northeast corner of the Kent City Limits as established by Kent
Ordinance 42727, as recorded under King County Recording Number 8708120082;
thence westerly, along said south line and said city limits,to the east line of the plat of
Park Orchard Division No. 4, as recorded in Volume 68 of plats, pages 58 through 60,
records of King County;
thence generally southerly, along the easterly line of said plat and said city limits, to the
south line of the northwest quarter of the southeast quarter of said Section 17 and the
Kent City Limits as established by Kent Ordinance 91506, as recorded under King
County Recording Number 7505060484;
thence westerly, along the south line of said plat and said city limits, to the northeast
comer of the southeast quarter of the southwest quarter of said Section 17 and the
northeast corner of the Kent City Limits as established by Kent Ordinance #1290, as
recorded under King County Recording Number 7505060500,
thence continuing westerly, along the north line of said subdivision and said city limits,to
the southeast corner of the northwest quarter of the southwest quarter of said Section 17
and the southeast corner of the Kent City Limits as established by Kent Ordinance 41223
under King County Auditor's File Number 5668321;
thence northerly, along the east line of said subdivision and said city limits, to the
northeast corner thereof;
thence westerly, along the north line of said subdivision, and the east line of the Kent
City Limits as established by Kent Ordinance #2111, under King County Recording
Number 7809011099, to the northeast corner of the lands described in said Ordinance
42111, also being the westerly right of way margin of SR 515 (also known as 104th Ave
SE, also known as the Benson Road SE);
thence north, along said westerly margin and said city limits, to the southeast corner of
the Kent City Limits as established by Kent Ordinance 92703, as recorded under King
County Recording Number 8703191033; �
Page 19 of 48
thence generally northerly, along the west margin of said SR 515 and said city limits, to
the south line of the north half of the northwest quarter of the northwest quarter of said
Section 17;
thence westerly, along said south line and said city limits, to the east right of way margin
of 100`h Avenue SE;
thence northerly, along said east margin and said city limits and the Kent City Limits as
established by Kent Ordinance #3210 as recorded under King County Recording Number
9504190117 and Kent Ordinance #3193 recorded under King County Recording Number
9411230694, to the north line of the southwest quarter of the northwest quarter of the
southwest quarter of Section 8, Township 22 North, Range 5 East, W.M.;
thence westerly, along said north line and said city limits, to the northeast corner of the
southeast quarter of the northeast quarter of the southeast quarter of Section 7, Township
22 North, Range 5 East, W.M.;
thence westerly, along the north line of said subdivision and said city limits. to the
easterly right of way margin of 981h Avenue South;
thence southerly, along said east margin and said city limits, to the southerly right of way
margin of South 2181h Street; I'
thence westerly. along said southerly margin and said city limits and the Kent City Limits
as established by Kent Ordinance #2611, as recorded under King Coumty Recording
Number 8606190789, to the southeast corner of the Kent City Limits as established by
Kent Ordinance #2860, under King County Recording Number 8908240680, and the
southerly prolongation of the west right of way margin of aforesaid 981h Avenue South;
thence northerly, along said west margin and its prolongation and said city limits,to the
east west center of section line of said Section 7;
thence westerly, along said east west center of section line and said city limits, to the
southeast corner of the southwest quarter of the northeast quarter of said Section 7 and
the east line of the Kent City Limits as established by Kent Ordinance#2035, as recorded
under King County Recording Number 7708020744;
thence northerly, along the east line of said subdivision and said city limits, to the
northeast corner of said subdivision;
thence westerly, along the north line of said southwest quarter of the northeast quarter
and said city limits, to the southeasterly right of way margin of South 212`h Street;
thence southwesterly, along said southeasterly margin and said city limits,to the west
line of the east half of the northwest quarter of the northeast quarter of said Section 7 and
Page 20 of 48
a point on the Kent City Limits as established by Kent Ordinance #3099, as recorded
under King County Recording Number 9305110613;
thence northerly. along said west line and said city limits, to the northwesterly right of
way margin of said South 212th Street;
thence northeasterly and easterly, along said northwesterly margin, the northwesterly
right of way margin of South 2121h Way, the northerly right of way margin of South208th
Street and said city limits, to the westerly right of way margin of I o0th Avenue SE;
thence northerly, along said westerly margin and said city limits,to the TRUE POINT OF
BEGINNING.
Page 21 of 48
i
Exhibit B
AFTER RECORDING RETURN TO:
City of Kent,Washington
QUIT CLAIM DEED
GRANTOR—KING COUNTY
GRANTEE -CITY OF KENT
LEGAL--
TAX NO.—N/A
The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of
Washington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee, the CITY OF KENT, a j
municipal corporation of the State of Washington, those certain real property interests, as
legally described in Exhibit A, attached hereto and made a part of this Deed together
with any after-acquired title which the Grantor may acquire.
Dated this day of , 2010.
KING COUNTY, WASHINGTON
BY
TITLE
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
I certify that signed this instrument, on oath
stated that he was authorized by the King County Executive to execute the instrument,
and acknowledged it as the of King
County, Washington to be the free and voluntary act of said County for the uses and
purposes mentioned in the instrument
Dated
NOTARY PUBLIC in and for the State
of Washington,residing at
My appointment expires
Page 22 of 48
Exhibit C
Roads Related Properties
092205-9183 Retention/detention pond: Between 127th PI E & 130th Ave SE on SE
208" St.
042205-9084 Retention/detention pond: Between 1161h Ave SE & 120th Ave SE on SE
208th Street
092205-9046 Retention/detention pond: Between 1301h Ave SE & 132°d Ave SE on SE
208th Street
Legal Descriptions
Tax Parcel#: 092205-9183
Legal Description:
That portion of the west 60 feet of the east half of the northwest quarter of the northeast
quarter of the northeast quarter of Section 9, Township 22 North, Range 5, East, W M.,
lying northerly of a line 275 feet southerly of and parallel with the centerline of SE
208th Street, as surveyed by King County Road Survey No 8-22-5-19; except that
portion lying within SE 208th Street and except that portion conveyed to King County
by deed recorded under Recording No. 6527008;
Together with that portion of the east half of the northwest quarter of the northeast
quarter of the northeast quarter of Section 9, Township 22 North, Range 5 East, W.M.
except the west 60 feet and except that portion lying within SE 208th Street and except
that portion conveyed to King County by deed recorded under Recording No. 6527008,
described as follows: beginning at the northwest comer of the above described parcel;
thence southerly, along the west line thereof, 245 feet; thence N46-13-14E 56.57 feet;
thence S71-08-43E 181.53 feet; thence N88-46-46E 60.30 feet to the east line of parcel;
thence northerly 260 feet along the east line of said parcel to the northeast corner
thereof; thence westerly and parallel with the centerline of SE 208th Street, along the
northerly line of said parcel, 273 30 feet to the point of beginning (subject to
Bonneville transmission line easement)
Tax Parcel#: 042205-9084
Legal Description:
The east 100 feet of the west 856 feet of the south 230 feet of Government Lot 6 in
Section 4, Township 22 North, Range 5 East, W.M., EXCEPT that portion conveyed
to King County for Southeast 208th Street; situate in the County of King, State of
Washington. Contains an area of 20,000 square feet, or 0.459 acre, more or less.
TOGETHER WITH that portion of Government Lot 6 as described as follows:
Page 23 of 48
That portion of Tract"X" lying southerly of a line 42 feet northerly of and parallel with
the centerline of SE 208d' Street as surveyed by King County Road Survey No. 8-22-5-
19,together with that part of Tract "X" lying within the east 100 feet of the west 956
feet of the south 230 feet of Government Lot 6.
Tract"X"Description:
That portion of Government Lot 6 in Section 4, Township 22 North, Range 5 East,
W.M , described as follows:
Beginning at the intersection of the south line of Government Lot 6 with the easterly
line of the west 462 feet of said Government Lot 6; thence east, along the south line of
said Government Lot 6, a distance of 494 feet, thence north, parallel with the west line
of said Government Lot, 170 feet, more or less, to the thread of a small stream; thence
northwesterly, along the thread of said stream, to an intersection with the north line of
the south 300 feet of said Government Lot 6; thence west, along said north line, to its
intersection with the east line of the west 462 feet of said Government Lot 6: thence
southerly, along said east line, 300 feet to the True Point of Beginning; EXCEPT the
east 100 feet of the west 856 feet of the south 230 feet of said Government Lot 6; AND
EXCEPT that portion conveyed to King County for SE 208`h Street; situate in the
County of King, State of Washington Contains an area of 23.054 square feet, or
0.5292 acre more or less.
Tax Parcel#: 092205-9046
Leeal Description:
East 264 feet of north half of the northeast quarter of the northeast quarter of the
northeast quarter in Section 9, Township 2 North, Range 5 East, W.M.. in King County,
Washington; LESS that portion lying within 132°d Avenue Southeast and Southeast 208t'
Street
Page 24 of 48
Exhibit D
Greenbelt Properties
Coronado Knolls
Tax Parcel #- 162205-9091
Address At the intersection of SE 231' Street and 127`h Avenue SE
Legal Description:
That portion of the west half of the northeast quarter of Section 16, Township 22 North,
Range 5 East, W.M., described as follows: beginning at the southeast corner of said west
half; thence NO1-10-28E, along the east line thereof, 140 feet; thence N45-25-36W
101 10 feet, thence N89-14-57W 100 feet; thence N14-31-03E 63 48 feet, thence N75-
28-57W 56 feet, thence N14-31-03E 148 feet, thence N75-28-57W 25 feet to the true
point of beginning; thence continuing N75-28-57W 46 48 feet to the beginning of a curve
to the right having a radius point that bears N14-31-03E 126 feet; thence northwesterly,
along said curve, 31 59 feet, thence N28-52-58E 104 28 feet, thence N46-16-24W 240 29
feet, thence N11-28-35W 133 94 feet; thence N76-19-OIE 60.04 feet, thence S11-28-35E
117.46 feet, thence S46-16-24E 225 48 feet, thence S88-49-32E 30 19 feet, thence SO1-
10-28W 32 feet to a point on a curve to right having a radius point that bears N88-49-
32W 272 feet; thence southwesterly, along said curve, 63 34 feet, thence S14-31-03W
43.43 feet to a point on a curve to the right having a iadms point that bears N75-28-57W
25 feet; thence southwesterly, along said curve, 39.27 feet to the true point of beginning.
Glenmar, Tract A
Tax Parcel 4: 279610-0800
Address: At the intersection of SE 231't Street and 127th Avenue SE
Legal Description:
Glenmar, Tract A, as recorded in Volume 105 of Plats, pages 28-29, records of King
County, Washington(Tax Account 4279610-0800)
Glencarin No. 3, Tract A
Tax Parcel #: 278732-0800
Address- East of 121"Place SE and south of SE 218ih Place
Legal Description:
GLENCARIN DIV No. 3 TRACT A, as recorded in Volume 109 of Plats, pages 5-7,
records of King County, Washington(Tax Account 278732-0800)
Page 25 of 48
Exhibit D Continued
Linda Crest Division 2, Tract A,
Tax Parcel#. 432421-0190
Address: East of 124t4 Avenue SE
Legal Description:
LINDA CREST DIVISION 2, TRACT A, as recorded in Volume 137 of Plats, pages 70-
72, records of King County, Washington (Tax Account#s 432421-0190)
Linda Highlands Division 1, Tracts A & B
Tax Parcel#: 432455-0510
Address: East of 124th Avenue SE
Legal Description-
Linda Highlands No 1, Tracts A and B, as recorded in Volume 91 of Plats, page 25,
records of King County, Washington (Tax Account#432455-0510 and 432455-0520)
Meridian Highlands-POR
Tax Parcel #: 162205-9099
Address: East of 124th Avenue SE
Legal Description.
That portion of the west half of the northeast quarter of Section 16, Township 22 North,
Range 5 East, W.M., described as follows:
Beginning at the northwest corner of the plat of Meridian Highlands, as recorded in
Volume 94 of Plats, pages 46 and 47, thence S57-37-03E 189 28 feet; thence S51-23-04E
73 21 feet, thence S38-36-56W 100 feet to the northerly margin of SE 227th Street;
thence S51-23-04E, along said northerly margin, 75 feet, thence N38-36-56E 100 feet;
thence S53-28-25E 78 10 feet; thence 540-50-15E 703 62 feet, thence S32-57-45E 90 40
feet; thence S15-54-26E 8189 feet. thence N76-19-OIE 30.02 feet, thence N15-54-26W
87.55 feet, thence N32-57-45W 96 96 feet, thence N40-50-15W 709 Ol feet; thence N53-
28-25W 80 85 feet; thence N51-23-04W 149 32 feet; thence N57-37-03W 209 14 feet;
thence SO1-06-28W 35.10 feet to the point of beginning
Misty Meadows, Tract B
Tax Parcel #: 556170-0510
Address: Southeast of 232nd Place SE
Legal Descri tp ion:
MISTY MEADOWS, TRACT B, as recorded in Volume 105 of Plats, pages 62-63,
records of King County, Washington (Tax Account #556170-0510)—OPEN SPACE
Page 26 of 48
Exhibit D Continued
Misty Meadows No. 2, Tract A
Tax Parcel #. 556171-0450
Address South of SE 231St Way and east of 127th Avenue SE
Legal Description:
MISTY MEADOWS No 2, TRACT A, as recorded in Volume 106 of Plats, pages 62-63,
records of King County, Washington (Tax Account#556171-0450)
Wildwood Estates 2, Tract A
Tax Parcel #: 941271-0509
Address: East of and adjacent to 140th Avenue SE
Legal Description:
WILDWOOD ESTATES NO. 2, TRACT A, as recorded in Volume 99, pages 25 and 26, 1
records of King County, Washington (Tax Account 4941271-0509)
Wildwood Estates No. 2 - POR
Tax Parcel #. 1522059139 d
Address- Southwest of 140th Avenue SE
Legal Description:
That portion of the southwest quarter of Section 15, Township 22 North, Range 5 East,
W M., described as follows:
Beginning at the most southerly corner of Tract A, Wildwood Estates# 2, as recorded in
Volume 99 of Plats, pages 25 and 26, thence N18-13-51 W 43 96 feet; thence N33-40-
32W 202 46 feet, thence N43-49-28E 108 97 feet, thence S27-06-07E 10 feet, more or
less, to the margin of 140th Avenue SE; thence southerly. along said margin, to an
intersection with the easterly prolongation of said line in said plat, thence S82-21-28W
50 feet, more or less, to the point of beginning.
Hillshire Terrace,Tract E
Tax Account# 337450-LTNKN
Address.
Legal Description:
as recorded in Volume 148 of Plats, page 6, records of King County, Washington(Tax
Account#337450-UNKN) .
Page 27 of 48
Exhibit D Continued
Kirks Addition
Tax Account# 388310-UNKN
Address:
Legal Descri tion•
Volume 120, pages 58-59, Tract A, Tax Account# 388310-UNKN This a pedestrian
open space tract that was dedicated to King County per the plat
Matheson Park Division 1, Tract F
Tax Account# 520180-TRCT
Address-
Legal Description:
as recorded in Volume 170 of Plats, pages 16-19, records of King County, Washington
(Tax Account#s520180-TRCT)
Meadow Green Estates, Tracts C and G
Tax Account# 541980-UNKN
Address:
Legal Description-
as recorded in Volume 112 of Plats,pages 80-82, records of King County, Washington
(Tax Account 4541980-UNKN)
Summer Glen Division III, Tract F
Tax Account# 807857-TRCT
Address:
Legal Description:
as recorded in Volume 140 of Plats, pages 53-56, records of King County, Washington
(Tax Account 4807857-TRCT)
Summer Glen East, Tracts A, B and C
Tax Account# 807810-TRCT
Address:
Legal Description:
as recorded in Volume 155 of Plats, pages 98-102, records of King County, Washington
(Tax Account 9807810-TRCT ) per dedication all tracts were dedicated to the public.
Page 28 of 48
Exhibit D Continued
Todd's Addition,Tract B
Tax Account#: 865400-UNKN
Address:
Legal Description:
as recorded in Volume 120 of Plats, pages 60-61, (Tax Account#865400-UNKN)
West Creek Meadows, Tracts A and D
Tax Account# 926580-TRCT
Address
Legal Description:
as recorded in Volume 154 of Plats,pages 53-57, records of King County, Washington
(Tax Account#s 926580-TRCT)
s
Page 29 of 48
Exhibit E
Intergovernmental Land Transfer Agreement Between
King County and the City of Kent
Relating to the Ownership, Operation and Maintenance of Parks,
Open Space, Recreation Facilities and Programs
THIS AGREEMENT is made and entered by and between the City of Kent, a State of
Washington municipal corporation ("City"), and King County, a political subdivision of
the State of Washington ("County"). Together, the City and the County are referred to as
the "Parties" to this Agreement
WHEREAS, the City has identified the Panther Lake Potential Annexation Area("PAA")
in its comprehensive plan, consistent with the requirements of the state Growth
Management Act ("GMA") and the Countywide Planning Policies adopted consistent
with GMA. The PAA is hereinafter referred to as the "Annexation Area:" and
WHEREAS, on an election date in November 2009, the citizens of the Annexation Area
had an opportunity to vote on whether to annex to the City. and the voters approved
annexation of the Annexation Area; and
WHEREAS, annexation of the Annexation Area to the City will become effective on or
before July 1, 2010; and
WHEREAS, the City and the County desire to facilitate an orderly transition of services
associated with the Annexation Area; and
WHEREAS, the governing bodies of each of the Parties hereto have determined to enter
into this Agreement as authorized and provided for by the Interlocal Cooperation Act,
codified at Chapter 39.34 RCW, and other Washington law, as amended;
NOW THEREFORE, in consideration of the mutual terms,provisions and obligations
contained herein, it is agreed by and between the City and the County as follows.
Page 30 of 48
1. Conveyance of Title
1.1. Timely following execution of this Agreement, King County shall convey to the
City by deed all its ownership interest in the following listed park/recreation
sites, which are described more fully in Exhibits E-1 and E-2 (the 'Property"):
Park Orchard Park
Green Tree Park
Green Tree Park Tract A—Open Space
North Meridian Park
1.2 The deeds shall also contain the following specific covenants pertaining to use,
which covenants shall run with the land for the benefit of the County and the
County land that makes up its public park, recreation and open space system.
The County and the City agree that the County shall have standing to enforce 44
these covenants, which shall be set forth as follows:
All deeds shall contain the following covenants:
"The City covenants that the Property shall continue to be used in perpetuity for
park or recreation purposes unless other equivalent lands or facilities within the
County or the City are received in exchange therefore and the replacement lands
or facilities are used in perpetuity for park or recreation purposes."
"The City further covenants that it will not limit or restrict access to and use of
the Property by non-city residents in any way that does not also apply to City
residents. The City covenants that if differential fees for non-city residents are
imposed, they wilf be reasonably related to the cost borne by City taxpayers to
maintain, improve or operate the Property for parks and recreation purposes."
The deed for Park Orchard Park shall also contain the following covenants:
"The City covenants that it shall abide by and enforce all terms, conditions and
restrictions in King County Resolution 34571, including that the City covenants
that the Property will continue to be used for the purposes contemplated by
Resolution 34571,that the Property shall not be transferred or conveyed except
by agreement providing that such lands shall continue to be used for the
purposes contemplated by Resolution 34571, and that the Property shall not be
converted to a different use unless other equivalent lands and facilities within
the County or City shall be received in exchange therefore."
"The City covenants that it shall not use the Property in a manner that would
cause the interest on County bonds related to the Property to no longer be
exempt from federal income taxation."
All deeds shall also contain the following covenant:
k
Page 31 of 48
"The City covenants that it shall place the preceding covenants in any deed
transferring the Property or a portion of the Property for public park, recreation
or open space uses."
1.3 The County shall also convey to the City all of the County's right,title and
interest in certain personal property and appurtenances ("the Personal Property")
associated with the Property, including but not limited to structures, fencing,
irrigation and asphalt as identified in Exhibit E-3. The City agrees to accept the
Personal Property in AS IS condition, and to assume full and complete
responsibility for the Personal Property. King County does not make and
specifically disclaims any warranties, express or implied, including any
warranty of merchantability or fitness for a particular purpose, with respect to
the Personal Property, and no official, employee, representative or agent of
King County is authorized otherwise. The City acknowledges and agrees that
the County shall have no liability for, and that the City shall release, hold
harmless, and indemnify the County, and shall have no recourse against the
County for, any defect or deficiency of any kind whatsoever in the Personal
Property, without regard to whether such defect or deficiency was known to or
discoverable by the City or the County.
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2. Existing Restrictions,Agreements, Contracts or Permits
1
2.1 The City shall abide by and enforce all terms, conditions, reservations,
restrictions and covenants of title at the time of conveyance and/or in the deed
of conveyance.
3. Condition of Premises and Responsibility for Operations, Maintenance, Repairs,
Improvements, and Recreation Services
3.1 The City has inspected and knows the condition of the Property and agrees to
accept the Property in AS IS condition, and to assume full and complete
responsibility for all operations, maintenance, repairs, improvements of, and
provision of recreational services at, the Property.
3.2 King County does not make and specifically disclaims any warranties, express
or implied, including any warranty of merchantability or fitness for a particular
purpose, with respect to the Property, and no official, employee, representative
or agent of King County is authorized otherwise.
3.3 The City acknowledges and agrees that, except as indicated in paragraphs 4.2
and 5.1 of this Agreement, the County shall have no liability for, and that the
City shall hold harmless, indemnify and release and have no recourse against
the County for, any defect or deficiency of any kind whatsoever in the Property,
without regard to whether such defect or deficiency was known or discoverable
by the City or the County.
Page 32 of 48
4. Environmental Liability
4.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or
toxic wastes, materials, or substances as defined in state or federal statutes or
regulations as currently adopted or hereafter amended.
4.2 Nothing in this Agreement shall be deemed to waive any statutory claim for
contribution that the City might have against the County under federal or state
environmental statutes that arises from hazardous materials deposited or
released on the Property by the County during the County's period of
ownership. The City may not. however, assert such a claim to the extent that
the City creates the need for or exacerbates the cost of remediation upon which
a statutory claim for contribution is based, as a result of the City performing
construction activities on the Property, changing the configuration of the
Property, or changing the use of the Property.
4.3 If the City discovers the presence of hazardous materials at levels that could
give rise to a statutory claim for contribution against the County it shall notify
the County in writing. Such notice shall in no event be provided more than 90
days after discovery. The Parties shall make their best efforts to reach
agreement as to which Party is responsible for remediation under the terms of
this Agreement prior to undertaking any remediation
4.4 In no event shall the County be responsible for any costs of remediation that
exceed the minimum necessary to satisfy the state or federal agency with
jurisdiction over the remediation.
5. Indemnification and Hold Harmless
5.1 King County shall indemnify and hold harmless the City and its elected
officials, officers, agents or employees, or any of them, from and against any
and all claims, actions, suits, liability, loss, costs, expenses and damages of any
nature whatsoever, (t) which are caused by or result from a negligent action or
omission of King County, its officers, agents and employees in performing its
obligations pursuant to this Agreement, and/or (ti) arising from those
occurrences related to the Property that occurred prior to the effective date of
conveyance of the Property to the City, except to the extent that indemnifying or
holding the City harmless would be limited by Article 4 of this Agreement. In
the event that any suit based upon such a claim, action, loss or damage is
brought against the City or the City and King County, King County shall defend
the same at its sole cost and expense and, if final judgment be rendered against
the City and its elected officials, officers, agents and employees, or jointly
against the City and King County and their respective elected officials, officers,
agents and employees, then King County shall satisfy the same.
Page 33 of 48
5.2 In executing this Agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or
responsibility which arises in whole or in part from the existence or effect of
City ordinances, rules or regulations. If any cause, claim, suit, action or
administrative proceeding is commenced in which the enforceability and/or
validity of any such City ordinance, rule or regulation is at issue, the City shall
defend the same at its sole expense and if judgment is entered or damages are
awarded against the City, the County or both, the City shall satisfy the same,
including all chargeable costs and attorney's fees.
5.3 The City shall indemnify and hold harmless King County and its elected
officials, officers, agents and employees, or any of them, from and against any
and all claims, actions, suits, liability, loss, costs, expenses and damages of any
nature whatsoever, (i) which are caused by or result from a negligent act or
omission of the City, its officers, agents and employees in performing
obligations pursuant to this Agreement, and/or(ii) arising from those
occurrences related to the Property that occurred on or after the effective date of
conveyance of the Property to the City, except to the extent that indemnifying or
holding the County harmless would be limited by Article 4 of this Agreement.
In the event that any suit based upon such a claim, action, loss or damage is
brought against King County or King County and the City, the City shall defend
the same at its sole cost and expense and, if final judgment be rendered against
King County and its officers, agents and employees or jointly against King
County and the City and their respective officers, agents and employees, then
the City shall satisfy the same.
5.4 Each Party to this Agreement shall immediately notify the other of any and all
claims, actions, losses or damages that arise or are brought against that Party
relating to or pertaining to the Property.
5.5 Each Party agrees that its obligations under this Article 5 extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or
agents For this purpose, each Party, by mutual negotiation, hereby waives,
with respect to the other Party only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title
51 RCW, but only to the extent necessary to indemnify the other Party.
6. Audits and Inspections
6.1 Until December 31, 2020, any of either Party's records related to any matters
covered by this Intergovernmental Agreement not otherwise privileged shall be
subject to inspection, review, and/or audit by either Party at the requesting
Party's sole expense. Such records shall be made available for inspection during
regular business hours within a reasonable time of the request.
Page 34 of 48
7. Waiver and Amendments
7.1 Waiver of any breach of any term or condition of this Agreement shall not be
deemed a waiver of any prior or subsequent breach. No term or condition shall
be waived, modified or deleted except by an instrument, in writing, signed by
the Parties hereto.
8. Entire Agreement and Modifications
8.1 This Intergovernmental Agreement and its Exhibits sets forth the entire
agreement between the Parties with respect to the subject matter hereof. It may
be supplemented by addenda or amendments, which have been agreed upon by
both Parties in writing. Copies of such addenda and amendments shall be
attached hereto and by this reference made part of this contract as though fully
set forth herein.
9. Duration and Authority
9.1 This Agreement shall be effects,e upon signature and authorization by both
Parties. The terms, covenants, representations and warranties contained herein
shall not merge in the deed of conveyance, but shall survive the conveyance and
shall continue in force unless both Parties mutually consent in writing to
termination.
10.Notice
10.1 Any notice provided for herein shall be sent to the respective Parties at:
King County: City of Kent:
Kevin Brown, Director John Hodgson
Parks and Recreation Division,DNRP Chief Administrative Officer
King Street Center Rm. 700 City of Kent
201 S. Jackson Street 220 Fourth Ave S.
Seattle, WA 98104 Kent, WA 98032
11. General Terms and Conditions
11.1 Severability. In the event any portion of this Agreement is found to be invalid
by the Superior Court of King County, Washington, then such holding shall not
impact or affect the remaining provisions of this Agreement unless that court
also rules that the principal purpose and intent of this Agreement should and/or
must be defeated, invalidated or voided.
Page 35 of 48
11.2 Binding Effect. This Agreement is binding upon and shall inure to the benefit
of each Party hereto, its successors and assigns.
11.3 Legal Relationships. The Parties to this Agreement execute and implement
this Agreement solely as grantor and grantee. No partnership.joint venture or
joint undertaking shall be construed from this Agreement This Agreement
creates no right, interest, duty, obligation, or cause of action in any person or
entity not a Party to it.
11.4 Captions. The captions of any articles, paragraphs or sections and other
formatting contained herein are for purposes of convenience only and are not
intended to define or limit the contents of said articles, paragraphs or sections.
11.5 Cooperation. The Parties shall cooperate, shall take such further action and
shall execute and deliver further documents as may be reasonably requested by
the other Party in order to carry out the provisions and purposes of this
Agreement. lit
11.6 Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement
and all amendments thereof shall be governed by and construed in accordance
with the laws of the State of Washington applicable to contracts made and to be
performed therein, without giving effect to its conflicts of law or choice of law
provisions In the event of any litigation hereunder, the Superior Court of King
County, Washington shall have the exclusive jurisdiction and venue. The
Parties agree to submit to the personal jurisdiction of that court The prevailing
Party in any dispute arising out of or relating to the interpretation of this
Agreement, including those disputes brought in Superior Court and/or on
appeal, shall be entitled to reasonable attorney's fees and costs including expert
witness fees.
11.7 Assignment. The City may not assign this Agreement or any rights hereunder
without the County's prior written consent.
11.8 Negotiation and Construction. This Agreement and each of its terms and
provisions are deemed to have been explicitly negotiated between the Parties,
and the language in all parts of this Agreement will, in all cases. be construed
according to its fair meaning and not strictly for or against either Party. If there
is any conflict between the terms and provisions of this Agreement, and the
terms and provisions of the deeds executed to convey-the Property, then the
terms and provisions of the deeds shall control. All Parties acknowledge and
represent, as an express term of this Agreement, that they have had the
opportunity to obtain and utilize legal review of the terms and conditions
outlined in this Agreement, although each Party must determine if they wish to
obtain and pay for such legal review. Each Party shall be and is separately
Page 36 of 48
responsible for payment of any legal services rendered on their behalf regarding
legal review of the terms found in this Agreement.
11.9 Exhibits. The following Exhibits described herein and attached hereto are fully
incorporated into this Agreement by this reference. To the extent there is any
conflict between Exhibits E-1 and E-2. then E-1 shall control.
Exhibit E-1 Legal Descriptions of Property
Exhibit E-2 Illustration of Property
Exhibit E-3 List of Personal Property
Page 37 of 48
IN WITNESS WHEREOF,the Parties have executed this Agreement.
King County City of Kent
King County Executive y ay r
Date Date
Ap"Fo Approved as to Form:Kin City Attorney
Senior Deputy Prosecuting Attorney
- co 1p �u -i0
Date Date
NOTARY BLOCKS APPEAR ON FOLLOWING PAGE
E
Page 38 of 48
STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this -9 04 day of IJ1t-* e 2010, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn personally appeared,to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that S U &Ofle&L
signed and sealed the said instrument as er — free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand\ 0,,R f fjFiial seal hereto affixed the day and year in this certificate
above written. p i
/
� ..
oTAF*CCU /�z
R Notary Public in and for the
` m% State of Washington, residing
.o
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18�12,,'�O` at
Cit n State
'�hI�'� WASNo�G �
My appointment expires
STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this S{- day of -N i-1 2010, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn personally appeared, to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that -ba vw GaHSTnNT-INE7
signed and sealed the said instrument as HIS free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Notary Public in and for the
State of Washington, residing
lily.` ohi/� at UNIVER4,1TY rt-/VCC , WA
Q City and State
My appointment expires 2 y ao
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Page 39 of48 `
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EXHIBIT E-1
LEGAL DESCRIPTIONS
Park Orchard Park
Tax#: 172205-9270
Address: Accessed off SE 230 Street, lying east of 110U'Avenue SE
Physical Description- Approximately 6.33-acre Park (275,734 sq ft.). more or less
Legal Description.
The north 417 44 feet of the east 638.95 feet of the southwest quarter of the northeast
quarter of Section 17, Township 22 North, Range 5 East, W.M.
Together with the west 30.00 feet of the east half of the southwest quarter of the
northeast quarter of Section 17, Township 22 North. Range 5 East, W.M. except the
south 608.00 feet thereof; and except the north 417.44 feet thereof.
Green Tree Park
Tax Parcel #: 092205-9129
Address. On north side of SE 216th Street and west of 121't Place SE
Physical Description: Approximately .054-acre Park (23,522 sq. ft.), more or less
Legal Description:
The south 264 feet of the west 100 feet of the west quarter of the southeast quarter of the
northwest quarter of Section 9, Township 22 North, Range 5 East. W.M., less coal and
mineral rights and less county road.
Green Tree Park Tract A—Open Space
Tax#: 289300-0080
Address: On north side of SE 216d' Street and west of 121"Place SE
Physical Description: Approximately .63-acre Park (27,450 sq. ft.), more or less
Legal Description:
GREEN TREE EAST, TRACT A, as recorded in Volume 96 of Plats, pages 24 and 25,
records of King County, Washington (Tax Account#289300-0800), recording
97403130326
North Meridian Park
Tax Parcel #: 162205-9015
Address: On east side of 120th Avenue SE, 22000 block
Physical Description: Approximately 35 29-acre Park (1,537,232 sq. ft.), more or less
Legal Description:
The southeast quarter of the northwest quarter of Section 16, Township 22 North, Range
5 East, W.M., less the west 450 feet of the north 450 feet of the south 1272.34 feet
thereof.
Page 40 of 48
EXHIBIT E-2
ILLUSTRATION OF PARKS—PARK ORCHARD PARK
Image below is a color aerial photo of the area as described above.
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Page 41 of 48
EXHIBIT E-2
ILLUSTRATION OF PARKS- GREEN TREE PARK
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Page 42 of 48
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EXHIBIT E-2
ILLUSTRATION OF PARKS—GREEN TREE PARK TRACT A OPEN SPACE
Image below is a color aerial photo of the area as described above.
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Page 43 of 48
EXHIBIT E-2
ILLUSTRATION OF PARKS—NORTH MERIDIAN PARK
TRACT A OPEN SPACE PARK
Image below is a color aerial photo of the area as described above.
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Page 44 of 48
EXHIBIT E-3
List of Personal Property
Green Tree Park: 2 benches, multipurpose court with basketball hoop, play equipment,
picnic table and fencing
North Meridian Park: 2 baseball fields (including 2 full sets of bases and pitching
rubbers, 4 bleachers), bollards, parking lot, irrigation, and ball field fencing with safety
top on outfield perimeter. (Note: Irrigation infrastructure at the park is part of the park.
It is connected to the school for service) Electrical system of undetermined origin and
functionality.
Park Orchard Park: Fencing, gate and picnic shelter.
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Page 45 of 48
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EXHIBIT E-3
NORTH MERIDIAN PARK
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Page 46 of 48
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GREEN TREE PARK
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Page 48 of 48