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HomeMy WebLinkAbout949RESOLUTION NO. 9-12 A RESOLUTION of the City Council of the City of Kent, Washington, authorizing sale of certain easements within the City of Kent and authorizing execution of appropriate documents relative to said sale. WHEREAS, the City Council of the City of Kent has approved a Comprehensive Park Plan for the urban area which identifies the need for a community park on the East Hill of the City and WHEREAS, the City Council has approved the acquisition and development of park facilities in the area adjacent to the Kent-Meridian High School campus in conjunction with Kent School District No. 415 and WHEREAS, Kent School District No. 415 intends to expand and improve its existing athletic field facilities known as French Field and make said available for community use through the Kent Parks and Recreation Department, and WHEREAS, such expansion will extend onto portions of the property on which the City of Kent extends to develop a park thereby requiring easements for construction, and WHEREAS, the City Council of the City of Kent considers it in the best interests of the citizens of the City of Kent and the Kent School District to allow full community use of both facilities NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. Sale of certain easements described in Exhibit "A" Purchase and Sale Agreement attached hereto and incorporated herein by reference, be and the same hereby is authorized. Section 2. The Mayor of the City of Kent be and hereby is authorized to execute on behalf of the City that aforementioned - 1 - ',1, l . document entitled •purchase and Sale Agreement• attached hereto. section 3. The Mayor is further authorized to execute on behalf of the City of Kent any other documents required to be signed by the City of Kent in accordance with provisions of the Purchase and Sale Agreement. PASSED at a Regular Meeting of the Kent City Council this 1st day of February, 1982. ATTEST: ~:__,_ ~a<, ~ MARIE JE r CIT CLERK APPROVED AS TO FORM: BARBARA HEAVEY, I hereby certify that this is a true copy of Resolution No. ~~9 , passed by the City Council of the City of Kent, the 1st day of February, 1982. (SEAL} 1180-44A - 2 - EXHIBIT II A II PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made and entered into this CZf day of Qt?.b--- 1982, by and between KENT SCHOOL DISTRICT NO. 415, a municipal corpora- tion (hereinafter "the District"), and THE CITY OF KENT, a municipal corporation (hereinafter "the City"). RECITALS The City intends to purchase or presently owns approximately 16.4 acres of wooded terrain as described in Exhibit 1, attached hereto and by this reference incorporated herein (hereinafter "the Property"), on the East Hill of the City of Kent, Washington, adjacent to the Kent-Meridian High School campus, for the purpose of establishing a community park to be known as Kent East Hill Park. The District intends to expand and improve the Kent-Meridian High School athletic field facilities (hereinafter "French Field"), and to make French Field available for community use; the expansion of French Field will extend the field onto portions of the Property. The District intends to construct two parking lots (hereinafter "Parking Lots #1 and f/2") on the Property to serve the Kent-Meridian High School athletic facilities and to permit expanded community use of the said athletic facilities. The District's Board of Directors has determined that certain easements as described and depicted in paragraph 1 of this Agreement and in Exhibits 2 and 3, which are attached hereto and by this reference incorporated herein, over and across portions of the Property are necessary to permit the expansion of French Field and the construction of Parking Lots #1 and #2, and that purchase of the District of said easements from the City of $102,438.00 is in the best interests of the District. The City, by City Council Resolution (?¥ 'j , has determined that this agreement is in the best interests of the City. AGREEMENT NOW THEREFORE, The District and the City hereby mutually agree: 1. The District hereby agrees to purchase, and the City hereby agrees to sell, the following easements: 1.1 A perpetual easement for school purposes, and such other purposes as may be agreed upon between the parties as provided in paragraph 10 of this agreement, over and across parcels B and C, described in Exhibit 1, for the purpose of expanding French Field as depicted in Exhibits 2 and 3. 1.2 A perpetual easement over and across parcels B and C, as described in Exhibit 1, for the purpose of construction, operation and maintenance of Parking Lot #1 as depicted in Exhibit 2. 1.3 A perpetual easement over and across parcel D, described in Exhibit 1, for the purpose of construction, operation and maintenance of Parking Lot #2 as depicted in Exhibit 2. 2. The total purchase price for the easements is One Hundred and Two Thousand, Four Hundred and Thirty-Eight Dollars ($102,438.00). The District shall pay the entire purchase price to the City upon execution of this agreement. 3. The City shall convey all of the easements described in paragraph 1 of this agreement to the District on or before April 1, 1982, provided, however, that if the City is unable, in the exercise of due diligence, to acquire Parcel C, described in Exhibit 1, on or before April 1, 1982, then the City agrees promptly to commence condemnation proceedings to acquire Parcel C and to convey the easements lying over and across Parcel C, as described in paragraph 1 of this agreement, to the District immediately upon acquisition of Parcel C by condemnation, but in no case later than June 1, 1982. 4. Should the City fail for any reason to convey all of the easements described in paragraph 1 of this agreement by April 1, 1982, then, except as otherwise provided in paragraph 3 of this agreement, the City agrees to refund to the District all or any part, at the District's option, of the purchase price of $102,438.00. 5. The City represents that it will dedicate the Property to the public and that it will permit reasonable access over and across the Property from Parking Lots #1 and #2 to the District's athletic facilities. 6. The District represents that it will permit the City reasonable access, as may be agreed upon between the parties as provided in paragraph 10 of this agreement, over and across the District pro- perty, as depicted in Exhibit 2, to facilitate community use of the Kent-Meridian High School athletic facilities, including French Field. 7. Failure of the District to insist upon strict performance of any of the covenants of this agreement or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenant or option, or of any other covenants, or right or agreement, but the same shall be and remain in full force and effect. 8. The City represents that it has the power and legal authority to enter into this agreement. 9. If any part of this agreement is invalid, void, or in violation of law, the entire agreement shall be void. 10. The City and the District agree to execute such further documents and instruments as may be reasonably required to carry out the intents and purposes of this agreement, including but not limited to a joint use agreement providing for school and community use of the facilities and easements referenced herein. KENT SCHOOL DISTRICT NO. 415 By: 0kw ~ Vc~ Its ' By: STATE OF WASHINGTO~ ) COUNTY OF ~ ~ ss: On this .:Z'/7!1 day of~~ , 1982, before me, the under- signed, a notary publi~ the State of Washin&ton, duly com- missioned and sworn, personally appeared aC47"~ z=~~t£ ( , to be known to be the p~on who signed as -~~-~----/.-Ar-,-~---Cl--4f-__ 7_____ of KENT SCHOOL DISTRICT NO. 415, the mun1cipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for thy uses and purposes therein mentioned, and on oath stated that ~ was duly elected, qualified and acting as said officer of the municipal corporation, that ~ was authorized to execute said instrument and that the seal affixed, if any, is the corporation seal of said municipal corporation. WITNESS my hand and official seal this certificate above written. STATE OF WASHINGTON ) COUNTY OF ---~---~--"' ;-----------~ affixed the day and year in otary Washington, residing at~~~~~~~ On this 8th day of February , 1982, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared --~~l~s~a~b~e~l~H~o~g~a~n~---------------------- to me known to be the person who signed as ___ t~h~e~M~a~v~o~r~--------------- ' of CITY OF KENT, the municipal corporation that executed ---o--------------o-the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that she , was duly elected, qualified and acting as said officer of the municipal corporation, that.~------------ she was authorized to execute said instrument and that the seal affixed, if any, is the corporation seal of said municipal corporation. WITNESS my hand and official seal this certificate above written. hereto affixed the d~and year in I ' I / EXHIBIT 1 The property referred to in that certain purchase and sale agreement between Kent School District No. 415 and the City of Kent, dated January 8 , 1982, is described as follows: feb PARCEL A All of Block 46 of R.O. Smith's Orchard Tract Addition to the City of Kent, Washington, according to the plat thereof recorded in Volume 12 of Plats, on page 27, records of King County, Washington; situated in the County of King, State of Washington. PARCEL B The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 22 North, Range 5 East, W.M.; EXCEPT the west 100 feet of the east 450 feet thereof. PARCEL C The west 100 feet of the east 450 feet of the North 1/2 of the Northeast 1/4 of the Southeast l/4 of the Southeast 1/4 of Section 19, Township 22 North, Range 5 East, W.M,; EXCEPT any portion lying upon public right of way. PARCEL D That portion of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 in Section 19, Township 22 North, Range 5 East, W.M., lying northeasterly of secondary state highway No. 5-A (also known as Canyon Drive) and (also known as Kent-Kangley Highway), all in King County, Washington. $ i ~ II IJ z c Q 15 a / 5 / " ,• I I J /,, I I // I I ~ : ; .. j l \ ... I ._#'! '--i'/ /! \ I! ·I ! ' I~' ' /',j -~·, ' . ...... /, I -.., 1-.. ..:> ./:, "::> ~ ~ < "'- EXHIBIT 2 \ \ - I \ J ' \ '\ '' \ \ \ \ !, ) 1:\ \ \ ' . . ····~ \ \ \ \ \ \ I \ I \ '' \ l \ . / ! ....... \ -i ___ L _:~ .-l:_ . -·---~- / / \ \ \ i I t 1\ \ \\ \ ' \ ' r ~~:~~--:------. -CINDl~S ; I ' I SHOT P \; HIGH JUfiiP ·-\ I ~ .• ' "\(:\._:' I J '-, ; Jl 1 ~~ -•. j --~ '' . l ·. _.. •' j 11( ,, ........ .::.:;·""':-.t.:"'. :"" ~-.,1., z • ~ ~ : I ~ .. .. ~ uo .. _} . ~ J _; ~ .\, '-j ·~ ;, -l, ... ~) SfA .. 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' ~ - x ..... £~ r ~·"" '.;. .,. .. trl :X: ::r: H td H t--3 w "" l'O' 10' 0 lO' -'. '/'_ : <\.\ , ;/':' FRENCH FIELD STADIUM KENT SCHOOl DISTRICT DEVELOPMENT .. \', --./' ' / ~ .. ~y KENT, WASHINGTON ~ t bk&i£2 t_,_ & ___ J!i£&JL~