The URL can be used to link to this page

Home My WebLink AboutLW11-303 - Original - Merrill & Ida Gerstel - Release of First Right of Refusal - 05/19/2011 • f City of Kent Attn Law Department 220 Fourth Avenue South Kent, WA 98032 i 20110 23 00167 PACIFIC NW TIT R 66 00 05/23//20I1 W 19 Return Address: KING COUNTY, WA City of Kent Attn: Law Department 220 Fourth Ave. S. Kent, WA 98032 5 � *********************************************************************** WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET Document Title: RELEASE OF FIRST RIGHT OF REFUSAL 1 Reference Number(s): 9502020945 Grantor(s): City of Kent Grantee(s): Merrill H. Gerstel and Ida Y. Gerstel, and the marital community comprised thereof, and their successors, heirs, and assigns. Abbreviated Legal Description: Parcel 1: That portion of Government Lot 5 in Section 23, Township 22 North, Range 4 East, W.M. Parcel 2: That portion of Government Lot 5 and of the SE 1/4 of the NW 1/4, Section 23, Township 22 North, Range 4 East, W.M. Assessor's Tax Parcel No. 169995-0005-05 and 232204-9012-00 5uiaa doeumaar4s)were Sod lar Project Name: Colony Park Apartments reec, � :'< .,,t Nodhwort TM.. ee &-co,s-sr da'inn only 13 h83 rot b44r *%,wnkasd as to proper"eaAW mm 4n>rw•, +d up4f1*1a WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Property Services Grantor: City of Kent Grantee: Merrill H. Gerstel and Ida Y. Gerstel, and the marital community comprised thereof, and their successors heirs, and assigns Abbreviated Legal Description Parcel 1: That portion of Government Lot 5 in i Section 23, Township 22 North, Range 4 East, W.M. Abbreviated Legal Description Parcel 2: That portion of Government Lot 5 and of the SE 1/4 of the NW 1/4, Section 23, lownship 22 North, Range 4 East, W.M. Legal Description on Exhibit A of Dc:ument. Assessor's Tax Parcel No. 169995-0005-05 and 232204-9012-00 Reference Number of Document Released: 9502020945 Release of Riaht of First Refusal This Release of Right of First Refusal ("Release") is hereby made and executed by the CITY OF KENT, a municipal corporation of King County, State of Washington, hereinafter called "City". WITNESSETH : WHEREAS, City and Merrill H. Gerstel and Ida Y. Gerstel, and the marital community comprised thereof, hereinafter collectively called "Gerstel", entered into that certain Statutory Warranty Deed and Agreement on or about January 11, RELEASE OF RIGHT OF FIRST REFUSAL - Page 1 of 4 1995, Recorder's No. 9502020945 ("Agreement"); and WHEREAS, by the terms of the Agreement, Gerstel granted City certain rights ("Right of First Refusal") over those certain parcels of real property located in King County, Washington, as more particularly described in Exhibit "A," attached hereto and made a part hereof ("Colony Park Property"); and WHEREAS, City does not desire to exercise any right to purchase the Colony Park Property, and City has determined that it is in its best interests that City's Right of First Refusal currently encumbering the Colony Park Property be canceled and forever released. NOW THEREFORE, for goods and valuable consideration, the City exercises its rights as follows: 1. By execution of this Release, the City cancels and forever releases the Right of First Refusal over the Colony Park Property, granted by the Agreement. 2. This Release shall be a covenant running with the land forever and shall benefit Gerstel and their successors, heirs, and assigns. IN WITNESS WHEREOF, this Release is executed this day of 2011. CITY OF KENT JBY: Su ette Cooke �N yor APPROVED AS TO FORM: Tom Brubaker City Attorney P\Civil\Files\OPen Files\1559-Colony Park Apartments(Acquisition)\Release of Right of First Refusal door RELEASE OF RIGHT OF FIRST REFUSAL - Page 2 of 4 s STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 19 day of 2011, before me a Notary Public in and for the State of Washington, personally appeared Suzette Cooke, to me known to be the Mayor of the City of Kent, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that she was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day an ear first above writtenTA A o - • - '"= NOTARY PUBLIC, a gt,e�\0 in and for the State of Washington i -'ti0,11 .12. : residing at ' FO ,8,,....`�{�`� My appointment e� fires I11, R 1yVASt'1 � a RELEASE OF RIGHT OF FIRST REFUSAL - Page 3 of 4 EXHIBIT A Parcel 1: That portion of Gov€rnment lot 5 in S.-mibn 23, Townsltp 22 No(th, Hanle 4 Est,W M tietcrltted as follows: tAE^INNING on tho tonterl;ne of Secondary St"te. I lighwey Nu. 5-A at tlghway Enumeart Stailon 163+00,00 back, 163448.2 ahtad rs 4haiwrl nn St3ty Wohtiway Map b:artn{I data of oppuval uI January 29, 1957, revised March 1S, 1557, the cent-dirre nt which is also shown of rnrard in Volta Me 1, page J1 Cf Highway Bats, records of King County. Washington; THENCE Norttr 63" 53' 300 Cast, altrrr,t thu centerilne of said Iii9pway 549.08 feet TW NCE South 140 51' 10' East, 301.01 fcct; THENCE Stith 750 08' SQ' 6lf031, 60,00 feet: THENCE So.lth 1411 51, 1C" East, 119,73 faet :o the TRUE POINT OF BEGINNING. IHcfNCE CCNTIftI04 South 140 51' 1 On Cast 'I66,14 fp,At: T1I."CC Nonh 00, 23' 25- Fast, 55,20 feel, TH=NCENorth 140 C1` 10" Wcst, 76 10 Nei; TWNCE North 4211 1$' 10' Wast. 43.39 font 1n tha TAI[iv POINT Or 11Ef;NNING. Parcel 2: „ new' CONDOMINIUM TRACT rhar portlntr t7f fsaWf,Lfa' 5 prfd Of il1£" St` 1 t71"!1r?' lElPk' 1/' Secfivrl�3, 7bwrlsfri� 2 Narth„h''vnge � �as'� t�'!�F descrFbt~d as folfcws; o9epr'ruiVo the o+=atot line of Secondary ,Mate, Highway No.S-A of , fliOway Engitreerlt Station 18,3.00.0 BGtk:163 r 46.2 Ahead as showq vn State wj7hwvy Map beorllrp dale 0f appr o-IlW of ja a.z9, 19,17, revised March 19, 1957,the canicr link cf wh;rb is also sol&wn oaf frCa d 0 Volume 14 pole32 of Highway P14ts,Retor'ds ofKinp f;cunlp, fhnnse N 83 053 at7 OE, Llano the renter fine of said hi-abW0.7 549-68'# thelicp 5.14051,10"T a"41,t7f1; thence 5.7.1-081,10"w.!60c, the True,foul oft�ec�r'rarna; THENCE co finve S.7500,V.50'W i821* 5,14�51'!t7"�, �f+5r.2tT; tlreRee i rT°l4' t1"E, l .T,o;tJrence fT.14"S/ 10``W. 393'lc lrtt 7-rue POMP of 8 ita.ring-t M q RELEASE OF RIGHT OF FIRST REFUSAL - Page 4 of 4 REQUEST FOR MAYOR'S SIGNATURE �� KENT Please Fill in All Applicable Boxes WI.5 ,.,.N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Tom Brubaker Phone (Originator): 5786 Date Sent: 05/18/2011 Date Required: 05/19/11 Return Signed Document to: Kim Komoto CONTRACT TERMINATION DATE: N/A VENDOR NAME: Merrill Gerstel DATE OF COUNCIL APPROVAL: 05/17/2011 Brief Explanation of Document: Release city's First Right of Refusal to purchase Colony Park Apartments. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVED E Eil[ED Approval of Law Dept.: � r2� MAY 18 201i v Law Dept. Comments: • ti= Lf to :�Ci Date Forwarded to Mayor: �I�,,) C>iirvir Of the Mayor Shaded Areas To Be Completed By Administration Staff Received: r� C E � �r Recommendations and Comments: Disposition: CI 1'u�KEIvT CIiY CLEFU 12t/ Date Returned: d