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Home My WebLink AboutLW16-167 - Original - Oakpointe LLC - Pine Tree Park: Memorandum of Right of First Refusal - 04/14/2016 Record' s ,p Man/� eKEN WASHiNOTONDocument CONTRACT COV"EIR. 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: Oakpointe Vendor Number: JD Edwards Number Contract Number: I _ Q This is assigned by City Clerk's Office ProjectName: Pine Tree Park. Memorandum of Right of First Refusal Description: 0 Tnterlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract E Other: Memorandum of Right of First Refusal Contract Effective Late: 4/14/16 Termination bete: N/A Contract Renewal Notice (Lays): N/A Number of days required notice for termination or renewal or amendment ContractManager: Kim Komoto Department: 'Lair Contract Amount: N/A Approval Authority: F-1 Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): --------------- As of: 08/27/14 After Recording Return to- Megan Nelson Oakpointe 10220 NE Points Dr., Suite 310 Kirkland, WA 98033 Grantor(s): CITY OF KENT Grantec(s): OAKPOINTE LLC Legal Description: See EXHIBIT I ol'Memorandums Assessor's Property Tax Parcel Nos: 2122059147: 2122059132: 2122059140 Reference Nos. of Documents Released or Assigned: N/A MEMORANDUM OF RIGHT OF FIRST REFUSAL THIS MEMORANDUM OF RIGHT OF FIRST REFUSAL ("Mernorandurn") is made as of dais fm day of April, 2016, by and between CITY OF KENT, a municipal corporation of King County, Washington (-Kent"), and OAKPOINTE LLC, a Washington limited liability company(,-OAKPOINTE"), with rellerencc to the flacts set forth below: RECITALS A. Kent is the owner of that certain real property located in King County, State of. Washington, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference(-Property"). B. The Parties hereto have entered into that certain Settlement Agreement dated (-Agreernent") whereby Kent granted to Oakpointe a right of first refusal with respect to the Property("Right of First Refusal-). C. The Parties hereto wish to record this Memorandum to give notice of the Right of First Refusal in accordance with the Agreement. NOW, THEREFORE, in furtherance of the foregoing, and for good and valuable consideration, receipt of which is hereby acknowledged,the Parties hereto agree as follows: 1. All of the terms and conditions as set forth in Section 5 of the Agreement are incorporated herein by this reference as though fully set forth herein. 2. This Memorandum is being recorded to give notice of the Right of First Refusal in Section 5 of the Agreement. This Memorandum is not intended to modify or alter in any way the terms and conditions of the Agreement. If there is any inconsistency between the provisions of this Memorandum and the provisions of the Agreement,the provisions of the Agreement shall control. 3. This Memorandum may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one agreement with the same effect as if all Parties had signed the same signature page. Any signature page of this Memorandum may be detached from any counterpart of this Memorandum and reattached to any other counterpart of this Memorandum identical in form hereto, but having attached to it one or more additional signature pages. [Signatures and acknowledgements on the following pages] 2 IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the date and year first above written.. KENT: CITY OF KENT, a municipal corporation of King County,. Washington lay• N�,�wrc Si 7 tt Cooke APPROVED AS TO FORM: 4�iii�04BA 'c-R, Cl "Y A TTORNEY OAKPt INTE: QAKPOINTE LLC, a Washington limited liability company By: Name: Brian Doss Title: Manager 3 STATE OF WASHFNGTON ) )ss. COUNTY OF KING Oil this _ day of'April, 2016 before me. the undersigned. a Notary Public in and for the State ol'Washinglon,duly commissionediand sworn personally appealed Suzette Cooke. known to me to be the Mayor of the CITY OF KENT. the municipal corporation. that executed the fioregoing instrument. and acknowledged the said instrument to be the free and Voluntary act and deed oil' said corporation, for the purposes therein mentioned, and on oath stated that lie was authorized to execute said instrument. I ccrtily, that I know or have satisfactory evidence that the person appearing before me and L making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above mitten, Signal re re e. oe — TM e. (P 4& Ez ;.A QV- Print Name NOTARY PUBLIC in and fear the State of I OP WAO Washington.residing,at 111 60 My commission expires 7T 4 STATE OF WASHINGTON ) )ss. COUNTY OF KING On this-H- -day of April, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duty commissioned and sworn personally appeared Brian Ross, Icnown to me to be the Manager of OAKPOINTE LLC, the limited liability company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the pet-son whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. j RUS4 kT Si o" gnat re 0 H E'YA (D 0 Print ame 0 NOTARY PUBLIC in and for the State of Washington,residing at OF\N My commission expires I —Zq-lel EXHIBIT A DESCRIPTION OF PROPERTY PORTION OF NW QTR SE QTR STR 21-22-05 DAF: BEGINNING AT NW CORNER OF SAID SUBDIVISION TH S88-54-65E ALONG N LINE THEREOF 698.90 FT TO TPOB TH CONTINUE S88-54-55E ALONG SAID LINE 120.10 FT TH S00-58-24W PARALLEL TO W LINE OF SAID SUBDIVISION 150 FT TH N88-54-55W 12.90 FT TO E LINE OF 60-FT WIDE RIGHT OF WAY DESCRIBED IN LEASE AGREEMENT UNDER RECORDING NO 6362294 TH NO2-02-35E ALONG SAID LINE 150.02 FT TO TPOB EXC PORTION THEREOF LYING WITHIN SE 248TH ST CONVEYED TO KING CO BY DEED UNDER RECORDING NO 4755711 AND N 690 FT OF E 660 FT OF W 940 FT OF NW QTR SE QTR STR 21-22-05 EXC PORTION THEREOF LYING WITHIN 248TH ST CONVEYED TO KING CO BY DEED UNDER RECORDING NO 4755711; & EXC FOLLOWING DESCRIBED PARCEL: PORTION NW QTR SE QTR STR 21-22-05 DAF: BEGINNING AT NW CORNER OF SAID SUBDIVISION TH S88-54-55E ALONG N LINE THEREOF 698.90 FT TO TPOB TH CONTINUE S88-54-55E ALONG SAID LINE 120.10 FT TH S00-58-24W PARALLEL TO W LINE OF SAID SUBDIVISION 150 FT TH N88-54-55W 122.90 FT TO E LINE OF 60-FT WIDE RIGHT OF WAY DESCRIBED IN LEASE AGREEMENT UNDER RECORDING NO 6362294 TH NO2-02-35E ALONG SAID LINE 150.02 FT TO TPOB EXC PORTION THEREOF LYING WITHIN 248TH ST CONVEYED TO KING CO BY DEED UNDER RECORDING NO 4755711 AND W 280 FT OF NW QTR SE QTR STR 21-22-05 EXC S 330 FT THEREOF;EXC W 30 FT FOR COUNTY ROAD (124TH AVE SE) & EXC N 30 FT FOR COUNTY ROAD (SE 248TH ST); AND E 660 FT OF W 940 FT OF NW QTR SE QTR STR 21-22-05 EXC N 690 FT;&EXC S 330 FT OF W 380 FT 6 Komoto, Kim Subject: Pine Tree Park After Action Discussion Location: Mayor's Conference Room Start: Thu 4/21/2016 9:30 AM End: Thu 4/21/2016 11:00 AM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Organizer: Matheson, Derek Required Attendees: Cooke, Suzette; Watling, Jeff; Wolters, Ben; Brubaker, Tom; Hanson, Kurt All— Derek would like to have this meeting before the end of April, so I'll be working with you to move some meetings and appreciate your flexibility. O -Pam i