HomeMy WebLinkAboutEC13-140 - Original - DevCo, Inc. - Sale of Kent Highlands - 06/27/2013 Records Ma�0161-
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KENT _= = Document
WASHINGTON '-'
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.,
Vendor Name: Seattle Public Utilities
Vendor Number:
ID Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: Kent Highlands
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Purchase and Sale Agreement
Contract Effective Date: 6/27/13 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Erin George Department: ECD
Detail: (i.e. address, location, parcel number, tax id, etc.):
crw I]a 113
S*Public\Records Management\Forms\ContractCover\adcc7832 1 11/08
RE jl I T ED
JUL 18 2013
CITY D
Y6E;,�_i EMENT
PURCHASE AND SALE AGREEMENT
FOR REAL ESTATE
This document is more than a receipt for money or pieliminaty memorandum. It will affect your
legal rights. Read it carefully.
This PURCHASE AND SALE AGREEMENT, made as of June 11,2013, is by and between
DevCo, Inc, and/or assigns, Purchaser, and the City of Kent and City of Seattle Public Utilities,
Sellers.
For and in consideration of the mutual covenants herein contained, sufficiency of which is
unconditionally acknowledged by Purchaser and Sellers, the parties hereto agree as follows:
1. Sale and Purchase. Sellers agree to sell their respective parcels of real property of
approximately 1 1.3 acres, located in the City of Kent, King County, Washington, with legal
descriptions as set forth in Exhibit "A" with all improvements, plans, engineering or other work
product free and clear; entitlements; and appurtenances thereon or thereto (the "Property") to
Put chasei and Purchaser agrees to purchase the Property from Sellers, upon and subject to the
terms and provisions hereof.
a. Purchase Price. The purchase price shall be Five Million and no/100 Dollars
($5,000,000.00).
b. Earnest Money. Within two (2) business days following the full execution and
delivery of a Purchase and Sale Agreement by the Sellers and Purchaser, the
Purchaser shall deposit Two Hundred Fifty Thousand and no/100 Dollars
($250,000) with the closing agent (the "Earnest Money"). If Purchaser
determines the Property is not acceptable to the Purchaser within the Feasibility
Period under Section 2 by providing written notice to the Sellers, then the
closing agent shall return the Earnest Money to Purchaser and the Agreement
will be null and void. If the Purchaser determines the Property is acceptable to,
the Purchaser by providing written notice to Sellers, or if Purchaser fails to
provide written notice, within the Feasibility Period, then One Hundred
Thousand and no/100 Dollars ($100,000) of the Earnest Money shall become
non-refundable and the closing agent shall release that non-refundable portion to
Sellers at that time. At the end of the month following the month in which
Purchaser provides written notice to Sellers that the Property is acceptable to
Purchaser, and at the end of each subsequent month, an additional Twenty-Five
Thousand and no/100 Dollars ($25,000) of the Earnest Money, up to the total
Earnest Money amount of Two Hundred Fifty Thousand and no/100 Dollars
($250,000), shall become non-refundable and the closing agent shall release that
additional non-refundable portion to Sellers at that time If at any time prior to
closing Purchaser notifies Sellers in writing that Purchaser is abandoning the
purchase of the Property, then the closing agent will release any remaining non-
refundable portion of the Earnest Money to Sellers, and return the refundable
balance of the Earnest Money to Purchaser.
c, Balance of Purchase Price. On or before the close of escrow, Purchaser shall deposit the
total purchase price less any applicable Earnest Money previously paid to closing agent
pursuant to this Agreement in US Dollars cash.
2. Con tin eitcies. It is understood and agreed by the parties hereto that the respective For
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obligations of Sellers and Purchaser hereunder are expressly contingent upon the
following: E
Feasibility Contingences Purchaser shall have satisfied himself by investigation and f
inspection, at his cost and expense in his sole and absolute discretion, of the engineering and
economic feasibility of acquiring the Property. Purchaser shall make such determination no later
than forty-five (45) calendar days after mutual execution of this Agreement("Feasibility Period").
Purchaser shall have the right to enter upon the Property at his own risk during the Feasibility
Period and thereafter for the purposes of surveying, inspecting and testing the Property.
Purchaser agrees to notify Sellers, in writing, on or before the end of the Feasibility Period,
whether the Feasibility Contingency proves satisfactory or unsatisfactory to the Purchaser.
If satisfactory, the Feasibility Contingency is removed. Failure to notify Sellers shall
constitute a termination of this Agreement, which will become null and void, and all Earnest
Money will be retained by Sellers.
3. Earnest Money. If Purchaser removes the Feasibility Contingency, and Purchaser does not
close by the closing deadline, as may be extended under Section 13. through no fault of Sellers,
all Earnest Money previously paid to the closing agent and released to Sellers shall be
retained by Sellers. In any case, all Earnest Money shall be applicable to the purchase price in
the event this transaction is closed
4. Successor and Assigns. Except as herein otherwise provided, this Agreement and all of the
terms and provisions hereon shall inure to the benefit of and be binding upon the heirs, executors,
personal representatives, successors and assigns of the parties hereto. Purchaser shall have the
tight to assign its position under this Agreement and/or designate a nominee to take title to the
Property at closing, In the event Purchaser elects to assign its rights tinder this Agreement, the
assignee shall assume all obligations of Purchaser hereunder, and Purchaser shall be released of
all such obligations.
5. Additional Documents. Before, at, and after the close of escrow, the parties hereto agree to
execute, acknowledge and deliver such documents and instruments as may be reasonably
necessary or appropriate to carry out the full intent and purpose of this Agreement.
6. Representations and Warranties. Sellers, to the best of their actual knowledge
without investigation or inquiry, expressly represent and warrant the following with
regard to each of their respective parcels only:
a. Seller has not received any notices from any governmental agencies or from any other
parties with respect to any violations or alleged violations of any I_aw,ordinance or statute
concerning the Property. If any such notices are received prior to the close of escrow,
Seller will immediately submit copies of the same to Purchaser.
b. Seller is the fee simple owner of the Property. Seller has not obligated itself in any
manner whatsoever to sell the Property to any party other than Purchaser. Seller is not
aware of any teason why Seller cannot deliver clear title with Permitted
Exceptions to the Property.
c. There are no condemnation proceedings threatened or pending or any other actions, suits,
proceedings or claims pending or threatened with respect to the Property or any portion
thereof. `
d. There are no existing leases and/or tenancies affecting all or any portion or the Property. a j
e. There has been no construction, remodeling or other work performed on,or materials
delivered to, the Property for which a lien could at any time hereafter be filed against the A
;Property. flip
f The signator or signators to this Agreement have the authority and power to enter into and i
close this transaction.
i
g. Seller is not aware of any hazardous waste located on or under the Property.
All of the herein above Seller's representations and warranties are true on the date of this
Agreement, and shall be true on the closing date. Purchaser's rights to enforce under this
Agreement shall not be merged into any documents delivered by Seller on closing date.
Purchaser expressly represents and warrants to Sellers that Purchaser is authorized to enter into
this Agreement and that the signator or signators to this Agreement on behalf of Purchaser have
the authority and power to enter into and close this transaction. Purchaser also expressly
represents and warrants to Sellers that,within the Feasibility Period, it will have conducted any
physical inspection and made any investigations Purchaser deems necessary in connection with its
purchase of the Property. Upon removal of the Feasibility Contingency under Section 2, Purchaser
will be deemed to have approved the physical condition of the Property and agrees to accept and
purchase the same "AS IS,WHERE IS", including,without limitation, the existence or non-
existence of any Hazardous Substances, underground storage tanks or contaminated soil,or the
actual or threatened release,deposit seepage,migration or escape of such substances at,from or
into the Property and the compliance or noncompliance of the Property with applicable federal,
state, county and local laws and regulations including,without limitation,environmental laws and
regulations. Purchaser acknowledges and agrees that,except to the extent of Sellers'
representations and warranties in this Section 6,and to the extent of any fraud or deliberate
misrepresentation by Sellers,Sellers shall have no liability for, and that Purchaser shall have no
recourse against the Sellers for,any defect or deficiency of any kind whatsoever in the Property
including without limitation those relating to Hazardous Substances, without regard to whether
such defect or deficiency was discovered or discoverable by the Purchaser or Sellers.
For purposes of this Agreement,the term Hazardous Substances shall mean any material or
substance that is now or hereafter becomes regulated under any federal,state or local statute,
ordinance,rule, regulation,or other law relating to environmental protection, contamination or
clean up and any substance for which any statute or regulation requires a permit or special handling
in its use,collection,storage,treatment or disposal. Purchaser shall indemnify,defend and hold
Sellers, their officers,agents and employees harmless from and against any and all claims and
agency orders or requirements relating to or arising out of,directly or indirectly, the Property after
closing.
7. Condition of Property. Except for the warranties,representations and indemnifications
contained in this Agreement, Sellers do not make and specifically disclaim any warranties,"press,
or implied, including any warranty of merchantability or fitness for a particular purpose,with
respect to the Property. Without limitation,the foregoing specifically excludes,except for
warranties, representations and indemnifications contained in this Agreement,any warranties or
representations with respect to the existence or non-existence of any Hazardous Substances or {
underground storage tanks, or the actual or threatened release,deposit, seepage, migration or
escape of Hazardous Substances, from or into the Property or the compliance or noncompliance of
the Property with applicable federal, state,county and local laws and regulations including,without
limitation, environmental laws and regulations.
8. Survival. All of the agreements, representations, obligations, and liabilities made or
undertaken by Sellers or Purchaser in this Agreement or pursuant hereto shall be continuing au e
shall survive the close of escrow.
9. Inspection Purchaser agrees to indemnify, defend and hold Sellers harmless from any
liability,cost or expense (including reasonable attorney's fees) suffered or incurred by Sellers for
injury to persons or property caused by Purchaser's investigations and inspections of the Property.
10. Reports. Until Purchaser abandons or closes on the purchase of the Property, Purchaser shall
provide Sellers with a monthly narrative regarding Purchaser's progress towards permits for the
Project.
11. Title. Sellers' title to the Property, at closing, shall be good, marketable and free of all liens,
encumbrances, defects or reservations, except as expressly approved by Purchaser in writing on or
before the end of the Feasibility Period("Permitted Exceptions"). if Purchaser does not
provide such notice, any liens, encumbrances, defects or reservations of
record will be Permitted Exceptions. Title shall beconveyed bystatutory warranty deed
free of encumbrances or defects other than the Permitted Exceptions. Any encumbrances to
be discharged by Sellers may be paid fiom funds due Sellers at closing.
12. Title Report. The Sellers shall provide a preliminary commitment(s) for title insurance front
First American Title for the Purchaser's review and acceptance no later than fourteen (14)days
after Sellers's acceptance of this offer and full execution of the Agreement by the Parties. Both the
preliminary commitment for title insurance and the policy of title insurance shall be in the face
amount of the purchase price and shall insure Purchaser's title subject to no exceptions except
the usual printed form of general exceptions and the Permitted Exceptions. If title cannot be made
so insurable by the closing date. all Earnest Money shall be refunded and all rights of Purchaser
hereunder shall be terminated; provided, however, that Purchaser shall have the right to waive f
any such defects and elect to purchase as described herein.
13. Closing. This sale shall be closed in the offices of First American Title, Seattle, Washington,
no later than eight months after removal of the Feasibility Contingency, except that Purchaser
may extend the closing for tip to four (4) thirty day periods by so notifying Sellers in writing and
paying to Sellers a non-applicable, non-refundable extension payment. The Purchaser will pay
Thirty Thousand Dollars($30,000.00)cash for the first extension period,Thirty-Five Thousand
Dollars($35,000)for the second extension period, Forty Thousand Dollars($40,000) for the third
extension period,and Forty Five Thousand Dollars ($45,000)cash for the fourth extension period.
Such written notice and extension payment(s) will be given to Sellers prior to the expiration of
the closing deadline or extended deadlines, as appropriate.
14. Default or Failure to Perform. If this transaction does not close due to any default or failure
on the part of the Purchaser, the total amount of Earnest Money paid to closing agent and the
total amount of any extension payments shall be non-iefundable and shall be forfeited by
Purchaser and retained by Sellers. Said amounts shall be the total amount of liquidated damages
payable to Sellers, and shall release the Purchaser. Sellers expressly waive all other remedies
against Purchaser, including the right to sue for specific performance.
If this transaction does not close due to any default or failure on the part of the Sellers, the total
amount of said Earnest l4loney shall be returned to Purchaser. Purchaser expressly waives all `
other remedies against Seller, except the right to sue for specific performance.
i
15. Attorney's Fees and Costs. In the event of any dispute in connection with the terms and
conditions of this Agreement, or if eithei party places the collection of the amounts covered
herein into the hands of an attorney, or if suit shall be brought, the parties shall be responsible for
their own court costs and attorney's fees. e`1
16. Site Development. Prior to closing date, Sellers shall cooperate with the Purchaser, at no
cost or expense to Sellers, in any action that may be reasonably necessary to assist Purchaser in
effecting site development, including but not limited to, boundary line adjustments, signing of
easements, Final plats, dedication of roads,acquisition of utilities, applications or requests for
rezoning or zoning, preparation of environmental check lists and statements and conditional
4
usage permits, etc. Purchaser shall indemnify and hold the Sellers harmless and free from any
liens which may be asserted against the
Property because of any action or work done by,or at the request of, Purchaser.
17. Work Product, If Purchaser abandons the purchase of the Property, then Purchaser shall
convey to Sellets all of Purchaser's plans and engrneetrng studies and reports regarding the
Property on a lien-free basis and at no charge to the Sellers.
18. Agency Disclosure Purchaser represents and warrants to Sellers that Purchaser has made
no agreement with anyone entitling them to be paid a broker's fee, commission or finder's fee
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incident to this Agreement or the closing of the Purchase and Sale transaction contemplated
hereby. Sellers represent and warrant to Purchaser that Sellers are represented by Heartland
LLC. Heartland LLC shall be compensated at closing pursuant to a separate agreement.
19. Assessments. The Sellers shall be responsible for the payment in full of any assessments or
L.LD.'s applicable to the Property at closing. AMNOW
20, Costs and Prorations. Sellers shall pay the cost of owner's policy of title insurance required
hereby. Sellers shall pay all real property excise taxes due and payable in connection with the
sale of the Property, and one-half the escrow fees and any recording fees, except the cost of
recording the Statutory Warranty Deed. All real property taxes shall be prorated between Sellers
and Purchaser as of the date of closing In the event this transaction fails to close to accordance
with this Agreement due to Purchaser's Failure to perform as herein agreed, Purchaser shall be
liable for any cancellation charges that may be charged by Title Insulance Company.
21. Escrow Instructions. This Agreement is intended by the parties to set forth the escrow
instructions to closing agent. Nonetheless, Sellers and Purchaser agree to execute and deliver to
closing agent any additional instructions requested by closing agent for that purpose of
consummating this transaction, provided that any such additional instructions are not inconsistent
herewith.
22. Other Agreements. There ate no verbal or other agreements which modify or effect this
Agreement This Agreement constitutes the fill understanding between the Sellers and Purchaser.
23. Severability. In the event any part of this Agreement is found to be unenforceable, the
remaining parts shall remain in full force and effect.
24. Acceottance. This Agreement shall be open for acceptance by Sellers until 5:OOp.m.on June
30, 2013.
25. Possession. Possession to the Property shall be delivered at closing.
26. Time is of the Essence. Time is of the essence in each and every provision, covenant and
condition of this Agreement.
27, Applicable Law: This Agreement shall be construed and interpreted under the laws of t
state where the Property is located.
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28. Allocation of Purchase Price: All of the Purchase Price under this Agreement shall
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be allocated to the real estate, and none is allocated to any personal property.
29. Notices: Any notice or demand which either party hereto is requited or may desire to
give or deliver to the other patty shall be made in writing and may be personally delivered or
given by overnight courier service such as Federal Express, or by any United States registered
or certified mail, addressed as follows: , l
To Sellers: Evin (-XirrL Planner lVl� �`►�u �)&V;VPKh
C t tv a e Pvvl I G ofl l 1 h,K
« . Z P, 0. mot? r�
And '11 I Nor-r_ - -- ---- -70D 5� AW) Gk `i7
bj-
j()tj qyo.31L.
To Purchaser: I1100 Main Street, #301
Bellevue, WA 98004
attn.: Mr. Evan J.
Hunden
Any demand so given shall be deemed to be delivered or made on the next business day
if sent by overnight courier, or on the fourth business day after the same is deposited in the
United States mail as registered or certified, addressed as above provided, with postage
prepaid.
30. Facsimile Signatures and Counterparts- This Agreement may be executed in any number
of counterparts, either of which shall be deemed to be an original,and all of which
counterparts shall constitute one Agreement. To facilitate execution of this Agreement. the
parties may execute and exchange by telephone facsimile counterparts of the signature pages:
provided that, any party executing by facsimile shall promptly deliver an original executed
counterpart of the entire Agreement to the other party in the manner provided in this
Agreement.
31 Notice of Agreement: Sellers consent to the recording of a Notice of Agreement against
the title to the Property by Purchaser, such Notice of Agreement to confirm the existew but
not the contents of this Agreement.
PURCHASER:DevCo, Inc. SELLER: _
Oy,
_ Its: Mt?
Its. President DATE
Date. 6 Id6 1 aol�
SELLER-
BY-
Its. €
I
DATE.
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EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of King,State of Washington,described as follows•
PARCELA: (King County Tax Parcel #152204-9065)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15,TOWNSHIP 22
NORTH, RANGE 4 EAST,W M, IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 15,TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M , IN KING COUNTY,WASHINGTON;
THENCE RUNNING NORTH 0056'45"WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER 385 FEETTOTHE POINT OF BEGINNING AND THE CENTERLINE OF OLD LOGGING ROAD,
THENCE RUNNING NORTH 0°56'45"WESTALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER 385 FEET,
THENCE RUNNING NORTH 88018'20"EAST 120 00 FEET;
THENCE RUNNING SOUTH 0°56'45" EAST 356 01 FEET TO THE CENTERLIN OF OLD LOGGING ROAD,
THENCE RUNNING SOUTH 52°00'40"WEST ALONG THE CENTERLINE OF OLD LOGGING ROAD 150 33 FEET TO
THE POINT OF BEGINNING,
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING
NUMBER 20060622000323, BEING A RERECORDING OF 20040615002758.
(Containing approximately 1.1 Acres+/-)
PARCEL B: (King County Tax Parcel #152204-9172)
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15,TOWNSHIP 22 NORTH,RANGE 4
EAST,W M,IN KING COUNTY,WASHINGTON,
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS-
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 879 74
FEET,
THENCE SOUTH 40'21'00"WEST 203 85 FEET,
THENCE SOUTH 00'57'00" EAST TO A POINT 248 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER,
THENCE SOUTH 75000'00"WEST 167 4 FEET;
THENCE SOUTH 20000'00" EAST 32 72 FEET,
THENCE WEST 600 FEET MORE OR LESS TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER,
THENCE NORTH ALONG SAID WEST LINE TO THE POINT OF BEGINNING,
AND EXCEPTTHAT PORTION DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 00°56'45"WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER 385 FEET TO THE CENTERLINE OF THE OLD LOGGING ROAD AND THE TRUE POINT OF BEGINNING,
THENCE CONTINUING NORTH 00056'45"WEST445 FEET;
THENCE NORTH 88°18'20" EAST 120 FEET,
THENCE SOUTH 00°56'45" EAST 356.01 FEET TO THE CENTERLINE OF SAID OLD LOGGING ROAD
THENCE SOUTH 52000'40"WEST ALONG SAID CENTERLINE 150 33 FEET TO THE TRUE POINT OF BEGINNING,
AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTH 89°00'00"WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 430 FEET,
THENCE SOUTH 40°21'00"WEST 203 85 FEET,
THENCE SOUTH 00457-00" EAST 93 FEET,
THENCE NORTH 75000'00" EAST 110 56 FEET;
THENCE SOUTH 51000'00" EAST 158 37 FEET,
THENCE SOUTH 03000'00"WEST 197 46 FEET,
THENCE NORTH 88018'20" EAST 347 02 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER,
THENCE NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING
AND EXCEPT ANY PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15
LYING WITHIN THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 15, FROM WHICH POINT THE NORTHWEST
CORNER OF SAID SECTION BEARS NORTH 01911'45" EAST 2628 00 FEET DISTANT,AND FROM WHICH POINT THE
SOUTHWEST CORNER OF SAID SECTION BEARS SOUTH 01919'23"WEST 2630 04 FEET DISTANT;
THENCE SOUTH 89951'38" EAST,ALONG THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15,A
DISTANCE OF 897 77 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND,
THENCE NORTH 24944'21"WEST 53 34 FEET,
THENCE NORTH 2O912'27" EAST 43 53 FEET TO A POINT ON A 1340 00 FOOT RADIUS,CIRCULAR CURVE TO THE
LEFT,FROM WHICH POINTTHE CENTER OF SAID CURVE BEARS NORTH 24942'56"WEST,
THENCE NORTHEASTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 2923'08",AN ARC DISTANCE OF
55.79 FEET TO A POINT OF TANGENCY,
THENCE NORTH 62953'56" EAST 355.76 FEET TO A POINT OF TANGENCY
1960 00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT,
THENCE NORTHEASTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 10900'S8",AN ARC DISTANCE
OF 342.64 FEET,
THENCE SOUTH 65909'08"EAST 615 63 FEET,
THENCE SOUTH 23956'42" EAST 162 95 FEET TO THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15,
THENCE SOUTH 89951'38"WEST ALONG SAID SECTION LINE TO THE POINT OF BEGINNING.
AND ALSO EXCEPTANY PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 15 LYING WITHIN THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 15,FROM WHICH POINTTHE NORTHWEST
CORNER OF SAID SECTION BEARS NORTH 01-11'45" EAST 2,628 00 FEET DISTANT,AND FROM WHICH POINTTHE
SOUTHWEST CORNER OF SAID SECTION BEARS SOUTH 01019'23"WEST 2,630 04 FEET DISTANT,
THENCE SOUTH 89051-38" EAST,ALONG THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15,A
DISTANCE OF 897 77 FEETTO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND,
THENCE NORTH 24044'21"WEST 53.34 FEET,
THENCE NORTH 20012'27" EAST 43 53 FEET TO A POINT ON A 1,340 00 FOOT RADIUS,CIRCULAR CURVE TO THE
LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS NORTH 24-42-56"WEST,
THENCE NORTHEASTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 2-23-08",AN ARC DISTANCE OF
55 79 FEET TO A POINT OF TANGENCY;
THENCE NORTH 62053'56" EAST 355.76 FEET TO A POINT OF TANGENCY WITH A 1,960 FOOT RADIUS CIRCULAR
CURVE TO THE RIGHT,
THENCE NORTHEASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 10°00'58",AN ARC DISTANCE OF
342 64 FEET,
THENCE SOUTH 65009'08" EAST 615.63 FEET,
THENCE SOUTH ss23°56'42" EAST 162 95 FEET TO THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION
r I.
15,
THENCE SOUTH 89"51'38" EAST,ALONG SAID CENTER OF SECTION LINE,449.78 FEET TO THE CENTER OF SAID
SECTION 15;
THENCE NORTH 00°45'27" EAST,ALONG THE NORTH SOUTH CENTER OF SECTION LINE OF SAID SECTION 15,A
DISTANCE OF 340 02 FEET TO THE NORTH LINE OF THE SOUTH 340 00 FEET OF THE NORTHEAST QUARTER OF
SAID SECTION 15,
THENCE SOUTH 890S1'38" EAST,ALONG SAID NORTH LINE,325.02 FEETTO THE EAST LINE OF THE WEST 325.00
FEET OF SAID NORTHEAST QUARTER,
THENCE NORTH 00°45'27" EAST,ALONG SAID EAST LINE, 185 01 FEETTO THE NORTH LINE OF THE SOUTH 525.00
FEET OF SAID NORTHEAST QUARTER,
THENCE SOUTH 89*51-38" EAST,ALONG SAID NORTH LINE,855 38 FEETTO THE SOUTHWESTERLY LINE OF A
TRACT OF LAND CONVEYED TO THE CITY OF KENT BY QUITCLAIM DEED RECORDED UNDER KING COUNTY '
RECORDING NUMBER 20020829000359,
THENCE NORTH 35°03'17"WEST,ALONG SAID SOUTHWESTERLY LINE,142.181 FEETTO AN ANGLE POINT IN
SAID LINE,
THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 55-45-57"WEST 257 43 FEET TO AN ANGLE
POINT IN THE SOUTH LINE OF SAID TRACT,
THENCE NORTH 89051'00"WEST,ALONG THE SOUTH LINE OF SAID TRACT,882.09 FEETTO THE NORTH SOUTH
CENTER OF SECTION LINE OF SAID SECTION 15 AND AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT,
THENCE CONTINUING ALONG THE BOUNDARY OF SAID TRACT AND SAID NORTH SOUTH CENTER OF SECTION
LINE, NORTH 00°45'27" EAST 26 30 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID TRACT;
THENCE SOUTH 89010-13"WEST,ALONG THE BOUNDARY OF SAID TRACT,34194 FEET TO THE SOUTHWEST
CORNER THEREOF,
THENCE NORTH 03*51-53" EAST,ALONG THE WEST BOUNDARY OF SAID TRACT AND ITS NORTHERLY
PROLONGATION, 197 49 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF TRACT"R"AS SHOWN IN
THAT CERTAIN RECORD OF SURVEY ON FILE UNDER KING COUNTY RECORDING NUMBER 19991123900001,
THENCE NORTH 50008'07"WEST,ALONG SAID SOUTHERLY BOUNDARY, 158.37 FEET TO AN ANGLE POINT IN
SAID SOUTHERLY BOUNDARY,
THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY AND ITS SOUTHWESTERLY PROLONGATION,SOUTH
75051'53"WEST 213 39 FEETTO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 15,
THENCE SOUTH 00°51'59"WEST,ALONG SAID WEST LINE,474 22 FEET,
THENCE SOUTH 84°31'32"WEST40 98 FEETTO A POINT OF TANGENCY WITH A 2,050 00 FOOT RADIUS
CIRCULAR CURVE TO THE LEFT,
THENCE SOUTHWESTERLY,ALONG SAID CURVE,THROUGH A CENTRALANGLE OF 18-03-57",AN ARC DISTANCE
OF 646 38 FEETTO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 15,
THENCE NORTH 00058'32"EAST,ALONG SAID EAST LINE,3.60 FEETTO THE NORTH LINE OF THE SOUTH 415 00
FEET OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER,
THENCE NORTH 89*51-38"WEST,ALONG SAID NORTH LINE,TO THE CENTERLINE OF A LOGGING ROAD AS
DESCRIBED IN STATUTORY WARRANTY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER
8304010596,
THENCE SOUTHWESTERLY,ALONG SAID LOGGING ROAD CENTERLINE,TO THE NORTHEASTERLY RIGHT OF WAY
LINE MILITARY ROAD SOUTH,
THENCE SOUTH 24*44-21" EAST,ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE,TO THE NORTHWEST
CORNER OFTRACT 20, IN THE UNRECORDED PLAT OF RICHARDS HY-LINE ACRES, FROM WHICH POINTTHE WEST
QUARTER CORNER OF SAID SECTION 15 BEARS NORTH 89"44'01"WEST 876 63 FEET DISTANT,
THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE,SOUTH 24°44'21" EAST446.89 FEET
TO THE SOUTH LINE OF THE NORTH 405.00 FEET OF SAID UNRECORDED PLAT,
THENCE SOUTH 89°44'01" EAST,ALONG SAID SOUTH LINE,22.07 FEET TO A POINT WHICH BEARS SOUTH
24°44'21" EAST FROM THE TRUE POINT OF BEGINNING,
THENCE NORTH 24°44'21"WEST449 09 FEET TO THE TRUE POINT OF BEGINNING.
(Containing approximately 6 3 Acres+/-)
PARCEL C: (King County Tax Parcel # 152204-9173)
That portion of the northwest quarter of Section 15, Township 22 North, Range 4 East,
W M , in King County, Washington, described as follows
Commencing at the northeast corner of Tract R, of City of Kent Lot Line Adjustment
Number LL-99-13 as recorded under King County Recording Number 19991123900003,
thence S89`42'51"W, along the north line of said Tract R, 55.57 feet; thence S17017'08"E
250 35 feet to a point of tangency with a 1969 00 foot radius, circular curve to the right,
thence southerly, along said curve, through a central angle of 13042'34" an arc distance
of 471.13 feet to a point of tangency, thence S03°34'34"E 283 76 feet to a point of
tangency with a 2431 00 foot radius, circular curve to the left, thence southerly, along
said curve, through a central angle of 00006'47", an arc distance of 4 80 feet to the north
line of the south 1000 00 feet of the northwest quarter of said Section 15 and the TRUE
POINT OF BEGINNING, from which point the center of said curve bears N86018'390E;
thence continuing southerly, along said curve, through a central angle of 01°03'02", an
arc distance of 44.57 feet to a point of reverse curvature and the beginning of a 35 00
foot radius, circular curve to the right, thence southwesterly, along said curve, through a
central angle of 87043'17", an arc distance of 53.58 feet to a point of reverse curvature
and the beginning of a 157,00 foot radius,circular curve to the left, thence southwesterly,
along said curve, through a central angle of 88027'17", an arc distance of 242 38 feet to a
point of tangency, thence S05°28'23"E 97 87 feet to a point of tangency with a 35 00 foot
radius, circular curve to the right; thence southwesterly, along said curve, through a
central angle of 25022'56", an arc distance of 15 51 feet, thence S84°31'56"W 343.52
feet to the west line of the east half of the northeast quarter of the northwest quarter of
said Section 15; thence N00051'26"E, along said west line, 452.65 feet to a point on the
southwesterly prolongation of the south line of aforesaid Tract R, thence N75"51'20"E,
along said south line and its southwesterly prolongation, 213.38 feet to an angle point in
said south line, thence continuing along said south line, S50'08'40"E 158 37 feet; thence
continuing along the boundary of said Tract R, S03051'20"W 4 56 feet to the north line of
the south 1000.00 feet of said northwest quarter, thence S89051'29"E, along said north
line, 164.04 feet to the TRUE POINT OF BEGINNING.
Containing approximately 169,201 square feet or 3 8843 acres, more or less.
REQUEST FOR MAYOR'S SIGNATURE
�✓ KENT Please Fill in All Applicable Boxes
Reviewed by Director
Originator's Name: Tom Brubaker Dept/Div. Extension:
Date Sent: June 26, 2013 Date Required:
Return to: Patrick Briggs CONTRACT TERMINATION DATE:
VENDOR: City of Seattle Public DATE OF COUNCIL APPROVAL: January, 2013
Utilities
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
Purchase and Sale Agreement between city of Kent and Seattle Public Utilities for the
Kent Highlands site for $5,000,000.00.
All Contracts Must Be Routed Through The Law Department
( t is area to be completed by the Law Department)
Received:
k
d �D J�
E
" � 117
/Approval of Law Dept.: JUNK 2 7 2013 J
Law Dept. Comments: U,
E w r jEp—
a,
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received: RECEIVED
Recommendations and Comments: JUN 2 8
Disposition: CITY OF KENT
CITY CLERK
Date Returned: