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
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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
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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
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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.
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DEVELOPMENT
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