HomeMy WebLinkAbout2616FILED for Record at Request of
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ORDINANCE NO. �V
AN ORDINANCE of the City of Kent, Washing-
ton relating to parks and recreation; recogniz-
ing and accepting the Green River Corridor,
authorizing closure of Russell Road to through
automotive traffic between Meeker Street and
James Street (S.E. 240th Street); directing the
opening of T.S. Russell Road conveyed under
recording numbers 2801929 and 2801930 Records
_ of King County Washington, in the vicinity of
Van Doren's Landing Park, and directing the
' City Attorney to proceed with any legal action
necessary to establish rights to open said
portion of Russell Road to pedestrian and
nonmotorized vehicles; ratifying and con-
firming prior acts.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1 Recitals and Findings.
1.1 The Green River Corridor within the City of Kent is
an area of great importance for its scenic, recreational, and wild
life habitat value.
1.2 In 1978 King County received a report, commissioned
by the County, entitled "A River of Green" to identify resources
of the Green River and to recommend future governmental action
concerning the Green River Corridor.
1.3 In January 1980 the City of Kent received a report,
commissioned by the City, entitled "Green River Corridor Plan,"
which focused on the Green River Corridor within the City of Kent
and identified the public acquisitions and development regulations
required to guarantee that the Green River resources are
maintained and protected.
1.4 On March 2, 1981, the Kent City Council added the
Green River Corridor plan to the City of Kent Parks and Recreation
Plan, and adopted Resolution 921 designating scenic and recreation
drives along the Green River.
1.5 On March 18, 1985, the Kent City Council adopted
Ordinance 2544 to provide for the Green River Corridor Special
Interest District, to protect land adjacent to the River from land
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FILED for Record at Request of
Name.......::. f ....... 44 `? _ g-5-,10 Z 1 F
...,.:.L�- RECCE F'17.00
Address ..l,1L.... ........ ..._........�....�..... CASHSL 17.00
ORDINANCE NO. �V
AN ORDINANCE of the City of Kent, Washing-
ton relating to parks and recreation; recogniz-
ing and accepting the Green River Corridor,
authorizing closure of Russell Road to through
automotive traffic between Meeker Street and
James Street (S.E. 240th Street); directing the
opening of T.S. Russell Road conveyed under
recording numbers 2801929 and 2801930 Records
_ of King County Washington, in the vicinity of
Van Doren's Landing Park, and directing the
' City Attorney to proceed with any legal action
necessary to establish rights to open said
portion of Russell Road to pedestrian and
nonmotorized vehicles; ratifying and con-
firming prior acts.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1 Recitals and Findings.
1.1 The Green River Corridor within the City of Kent is
an area of great importance for its scenic, recreational, and wild
life habitat value.
1.2 In 1978 King County received a report, commissioned
by the County, entitled "A River of Green" to identify resources
of the Green River and to recommend future governmental action
concerning the Green River Corridor.
1.3 In January 1980 the City of Kent received a report,
commissioned by the City, entitled "Green River Corridor Plan,"
which focused on the Green River Corridor within the City of Kent
and identified the public acquisitions and development regulations
required to guarantee that the Green River resources are
maintained and protected.
1.4 On March 2, 1981, the Kent City Council added the
Green River Corridor plan to the City of Kent Parks and Recreation
Plan, and adopted Resolution 921 designating scenic and recreation
drives along the Green River.
1.5 On March 18, 1985, the Kent City Council adopted
Ordinance 2544 to provide for the Green River Corridor Special
Interest District, to protect land adjacent to the River from land
uses which would adversely affect the shoreline environment, and
to implement the adopted policies of the City of Kent Valley
Studies Program.
1.6 The City of Kent has received property and property
interests along the Green River Corridor, and has authorized
certain park, recreation and other Capital Improvement Projects i
the Corridor, to wit:
1.6.1 Brisco Greenbelt
3/7/80 Quit Claim Deed from Union Pacific Land
Resources Corp. for 6.72 acres.
1.6.2 Uplands Greenbelt (Southcenter Corp. Park)
2/14/80 Quit Claim Deed from Union Pacific Land
Resources Corp. for 7.20 acres.
1.6.3 Boeing Greenbelt
12/26/74 Quit Claim Deed from Boeing to Trust for
Public Land who in turn quit claimed the 4.5 acres to the City of
Kent on 11/4/75.
1.6.4 212th Street - East Side Property
3/1/82 Quit Claim Deed donating river bank from
Delane A. Garrett and Beth Garrett.
1.6.5 212th Street - West Side Property
5/28/82 Quit Claim Deed donating river bank from
Church of Jesus Christ of Latter Day Saints.
1.6.6 212th Street Pedestrian Underpasses
8/6/84 City Council awarded a construction
contract to W.B.E. Enterprises for pedestrian/bicycle underpasses
underneath the east and west side of the 212th Street bridge.
1.6.7 Anderson Rest Stop
12/21/73 Statutory Warranty Deed donating .33 acre
from Norman M. Anderson and Delia J. Anderson.
1.6.8 DiPietro
11/18/85 ordinance 2590 accepting a Quit Claim
Deed from Vincenzo DiPietro for .9124 acre.
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1.6.9 Van Doren's Landing Park
4/2/84 Council authorized combining $28,500 of
King County Forward Thrust funds with $151,500 State funds to
acquire 6.44 acres from Winston.
1.6.10 10/12/84 Uplands Industries donated approximately
1 acre adjacent to the Winston property as part of a total 7.69
acre riverfront donation (see Uplands Greenbelt South).
1.6.11 4/15/85 Council awarded construction contract to
R. W. Scott to build a passive park.
1.6.12 Uplands Greenbelt South
10/12/84 Quit Claim Deed from Uplands Industries
donating 7.69 acres along the Green River.
1.6.13 Russell Woods (Lakes Donation)
5/1/81 Permissive use agreement signed by Anon
Development Corp. authorizing the city to use the flood control
dike from 228th (Russell Woods) to where the dike returns to
Russell Road (Neely House).
1.6.14 3/25/85 Quit Claim Deed from Centron Properties
Corp. for the Russell Road property from the Neely House south to
James Street.
1.6.15 Riverfront Park
8/15/75 Acquired 35 acres from Ralph Benaroya
through purchase and donation.
1.6.16 Golf Course Expansion
4/2/84 Council approved Ordinance 2463 authorizing
sale of general obligation bonds to acquire 40 acres from Green
River Partnership.
1.6.17 Meeker Street Underpass
12/6/76 Awarded a construction contract to
Doolittle Construction Company for a pedestrian underpass under
the west end of the bridge.
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1.6.18 8/6/84 Awarded a construction contract to W.B.E.
Enterprises for a pedestrian underpass under the east end of the
bridge.
1.6.19 516 Pond Property
i' 3/30/82 State of Washington acquired 5.7 acres by
j' Warranty Deed from William Ketcham and Thomas Williams.
1.6.20 12/27/84 Council authorized the City to sign an
interagency agreement with the State for use and maintenance of
the 516 Pond Property.
1.6.21 Kent Municipal Golf Course and Driving Range
3/3/81 Ordinance 2279 authorizing acquisition of
Golf Course and authorization of sale of bonds. 3/6/81 Statutory
Warranty Deed for purchase of the Golf Course from V -M -C Inc. (28
acres). 6/12/81 Statutory Warranty Deed from Ronald Benson (8
j acres).
1.6.22 Green River (516) Hanging Pedestrian Bridge
7/18/83 Council authorized agreement with State of
Washington to obligate city up to the amount of $107,102 for
construction of a hanging pedestrian bridge.
1.6.23 Riverwood Apartments
3/1/85 Recreation easement granted for the dike
area.
1.6.24 State Highway Department Easement
1981 Ten foot trail easement across Good News Bay
property - each side of SR 516.
1.6.25 Valley Publishing
2/5/79 Quit Claim Deed for Valley Publishing
property between Hawley Road and the Green River.
1.6.26 SR 167 Underpass
October 1982 City crews constructed a bicycle/
pedestrian trail under SR 167 bridge at the end of Hawley Road.
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1.7 The Kent City Council, in workshop on February 24,
1986, reviewed the history of the Green River Corridor, and the
Green River Corridor acquisitions, and further considered closure
of Russell Road to through traffic between Meeker Street and James
Street (S.E. 240th St.), to provide for pedestrian and traffic
safety, and to facilitate utilization of Russell Road and River
Front Parks.
1.8 The Kent City Council hereby determines that it is
in the best interests of the City to provide for the opening of a
certain 60 foot strip of land conveyed for T.S. Russell Road by
deeds recorded May 28, 1934 under Recording Numbers 2801929 and
2801930, Records of King County Washington, to facilitate
pedestrian and nonmotorized vehicle access to Van Doren's Landing
Park and the Green River Corridor.
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2.1 Those properties and property interests identified I
in Section 1.6 are accepted for the Green River Corridor, park and)
recreation uses, and such other uses as are provided by law; prior)
acceptance of such properties are hereby ratified and confirmed.
2.2 The Mayor be and he is hereby authorized to execute
the DEED, RESERVATIONS, RESTRICTIONS AND AGREEMENT, substantially
in the form attached hereto as Appendix A with Centron Properties
Corporation for the "Neely Residence," the "Green River Corridor"
and "Russell Woods Properties."
Section 3. The Public Works Department, working in
conjunction with the Department of Parks and Recreation, be and is
hereby authorized to close Russell Road to through vehicular
traffic between Meeker Street and James Street (S.E. 240th St.).
Such closure shall provide for vehicular access to parking lots
and parking facilities servicing Russell Road Park and Riverfront
Park. The Public Works Department and Parks Department will work
with the Kent School District to facilitate school bus access in
the area of Russell Road Park.
Section 4. It is in the public interest to provide for
the opening of that certain 60 foot strip of land conveyed for
T.S. Russell Road by deeds recorded under Recording Numbers
2801929 and 2801930, Records of King County, Washington. Said 60
foot strip being adjacent to the City of Kent Van Doren's Landing
3360-20
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Park. Such 60 foot strip of land shall be open to pedestrian and
nonmotorized vehicular access, to facilitate public access to Van
Doren's Landing Park and the Green River Corridor. The City
Attorney be and he is hereby authorized to proceed with any legal
action necessary to establish the City's right to open said 60
foot strip of land for T.S. Russell Road as described herein.
Section 5. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 6. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.-..�
DAN K LLEHER, MAYOR
ATTEST:
MARIE JENSBX, CITY(CLERK
APPROVED AS TO FORM:
PASSED the -ij-, CLay of , 1986.
APPROVED the (f6/A' day of 041 , 1986.
PUBLISHED the day of //p l C2-[ , 1986.
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I hereby certify that this is a true copy of Ordinance
No. a br , passed by the City Council of the City Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
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(SEAL)
MARIE ENS
J, , CITY CL RK
3360-20` %, •, t
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DEED, RESERVATIONS, RESTRICTIONS AND AGREEMENT
This DEED, RESERVATIONS, RESTRICTIONS AND AGREEMENT dated this day
of , 1986, by and between CENTRON PROPERTIES CORPORATION,
a Washington corporation (hereinafter referred to "Centron"), and the CITY OF
KENT, a municipal corporation organized and existing under the laws of the
State of Washington (hereinafter referred to as the "City").
1. RECITALS.
1.1 Centron, which acquired title as Arrow Development Corporation, a
Washington corporation, is the owner of certain real property (Kent 241) more
�particularly
described on Exhibit A, attached hereto and incorporated herein
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by this reference.
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1.2 Pursuant to an approved MASTER PLAN (City of Kent Ordinance 2307,
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King County Recording No. 8111020546), Centron is developing Kent 241 as a
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multi -family residential development with approximately 2,429 units, extensive
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open space and lakes on approximately 241 acres, adjacent to the east bank of
the Green River, located in the City of Kent, King County, Washington.
1.3 Three contiguous portions of Kent 241 east of the Green River,
consisting of approximately seventeen (17) acres, more or less, legally
described on Exhibit B, attached hereto and incorporated herein by this
reference and identified as: the "Neely Residence," the "Green River
Corridor," and the "Russell Woods," have been set aside and are to be
preserved for open space and public park purposes. Centron has agreed to
grant and convey the Neely Residence, the Green River Corridor, and the
Russell Woods to the City, as a gift, to be used only for open space and
public park purposes, and the City has agreed to accept said conveyance of
Neely Residence, the Green River Corridor, and the Russell Woods, as a
gift for open space and public park purposes.
1.5 Centron and the City have agreed to certain terms and conditions to
which the conveyance of the Neely Residence, the Green River Corridor, and
the Russell Woods shall be subject.
NOW THEREFORE in consideration of the mutual covenants and promises herein
contained and other valuable consideration, receipt of which is hereby
acknowledged, Centron and the City do hereby agree as follows.
2. DEED.
Centron hereby conveys and quit claims as a gift to the City for open
space and public park purposes, subject to the terms and conditions set forth
hereinafter:
2.1 The Neely Residence;
2.2 The Green River Corridor;
2.3 The Russell Woods.
The legal description of such property is set forth in Exhibit B attached
hereto and by this reference incorporated herein.
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3. USE AND RESTRICTIONS.
3.1 Neely Residence.
co3.1.1
The historic site known as the Neely Residence consists of
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not less than 1.3 acres. The structure on the premises shall be preserved and
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maintained by the City of Kent as an historic landmark, and the appearance of
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the structure shall be maintained at least to the appearance and standard
coexisting
at the date of this agreement.
3.1.2 In the event the premises are damaged by fire, earthquake,
act of war, or other extraordinary casualty to such an extent as to render the
structure uninhabitable or, in the sole discretion of the City of Kent,
inappropriate for repair or reconstruction, the City shall have the sole
option to repair or rebuild the same.
3.1.3 The City of Kent is granted the exclusive right to remove,
move, or otherwise make a determination as to the preservation of the Neely
Residence. Provided, however, should the City of Kent determine to demolish
or otherwise remove the Neely Residence from the premises, then the City of
Kent shall restore the premises to public park and open space. In no event
shall the City of Kent allow the premises to be used for other than passive
park uses as described in Section 3.2.2 below.
3.1.4 Notwithstanding the provisions of Section 7, the election by
the City to not reconstruct or repair the structure in the event of such
circumstances identified in Section 3.1.2, or the determination by the City to
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remove the structure pursuant to Section 3.1.3, shall not result in a reverter
to Centron.
3.1.5 The Neely Residence may be occupied, leased, or otherwise
used by the City consistent with the purposes expressed herein. Nothing in
this AGREEMENT shall be read to preclude the City's ability to lease to, or
otherwise agree with, persons, organizations or societies for the purposes of
maintaining and developing the Neely Residence as an historic landmark.
Parking on the premises shall be limited to one parking space per 250 square
feet of building, provided however, that additional spaces may be provided if
required by the provisions of the Kent Zoning Code, or unless otherwise
permitted as provided in Section 3.4, below.
3.2 Green River Corridor.
3.2.1 The Green River Corridor shall be used by the City only
for open space and public park purposes. Development of the corridor shall be
aO consistent with plans and specifications for development of park and
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(71 recreation areas adjacent to the Green River.
10 The open space and public park uses for the Green River Corridor shall
O be limited, for a period not to exceed 15 years from the date of this
� agreement, to passive uses. Such passive uses are defined as: normal
maintenance, Green River access, pedestrian and bike trails, picnic areas,
scenic and nature observation areas, and fishing access. Passive uses for the
purposes of this section do not include ballfields, athletic courts, or other
areas for organized or team play.
3.3 Russell Woods.
3.3.1 The Russell Woods shall be used by the City only for open
space, in its present natural state and condition.
3.3.2 For a period of 15 years from the date of this agreement, no
trees or other similar flora shall be cut or removed from Russell Woods,
except for normal maintenance to remove fallen or damaged trees. For the same
15 year period, any structure, building or development whatsoever to be built
or maintained on, under or across Russell Woods, including, but not limited
to, any fences, barricades, railings or similar structures shall require the
prior approval of Centron Properties Corporation in its sole and exclusive
capacity, as provided in Section 3.4 below.
3.4 General. Prior to undertaking any improvements or construction
for which prior written approval of Central Properties Corporation is required
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by Section 3.1, 3.2, and 3.3, above, all plans and specifications for such
improvements or construction shall first be submitted to Centron Properties
Corporation. Within thirty (30) days of receipt of such plans and
specifications, Centron Properties Corporation shall approve, modify or
disapprove the plans and specifications in writing. If Centron Properties
Corporation fails to approve, modify or disapprove the plans and
specifications within the thirty day period, the same shall be deemed
approved. The prior written approval as required herein shall not be
unreasonably withheld; provided such development, improvement or structure
does not interfere with Centron Property Corporation and Centron successors'
access or use to the public park property or within Centron Property
Corporation and Centron successors' easement rights as provided in this
agreement. The provisions for prior written approval as set forth herein
shall only be required for a period of 15 years from the date hereof.
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4. RESERVATIONS.
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4.1 Access. Centron and, without limitation, its grantees, successors,
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assigns, lessees, tenants, subtenants, guests, invitees, licensees and all
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grantees, successors, assigns, lessees, tenants, subtenants, guests, invitees
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and licensees thereto ("Centron's successors") shall have the right to enter
upon and use the Neely Residence, the Green River Corridor and Russell
Woods for any and all purposes not inconsistent with the rights herein
contained, to the same extent as the Neely Residence, the Green River
Corridor, and the Russell Woods are open for use by the general public.
Provided, however, that the Green River Corridor and Neely Residence shall
not be improved with any fence, barricade, railing or other structure without
the prior written approval of Centron Properties Corporation in its sole and
exclusive capacity, as provided in Section 3.4, above.
4.2 Easement Reservation. Centron reserves unto itself an easement to
benefit Kent 241 for utilities under the properties identified in Exhibit B
hereto, for installation and maintenance of all utilities and appurtenances
thereto and making connections therewith; provided, however, that any such
installation and maintenance shall be repaired and replaced to a reasonable
condition, consistent with the condition prior to such installation and
maintenance.
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5. OPEN SPACE REQUIREMENT. Centron shall at all times be entitled to use the
Neely Residence, the Green River Corridor, and the Russell Woods to
satisfy or comply with any open space, recreational or park requirement or
similar requirements which are or may be imposed by the City on any and all
development of Kent 241.
assigns.
6.5 Centron shall be entitled to assign all or part of its rights,
obligations, interests under this deed, reservations, restrictions and
agreement provided such assignment shall be in writing and fully executed by
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6. MISCELLANEOUS.
6.1 The Neely Residence, the Green River Corridor, and the Russell
Woods shall be made available by the City to the public for recreational
purposes. Nothing in this agreement shall be construed to waive, modify,or
otherwise change the application of RCW 4.24.200 and RCW 4.24.210.
6.2 The City shall indemnify and hold Centron harmless from any and all
liability, losses, obligations, damages, claims, costs, including reasonable
attorney's fees, and expenses of any nature whatsoever, and from any and all
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liability to any person or property, on account of any damage or loss to
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person or property arising out of or resulting from directly or indirectly the
IDuse
of the Neely Residence, the Green River Corridor, and the Russell
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Woods for park, recreation or open space purposes.
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6.3 All notices, including approvals, required or permitted to be given
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hereunder shall be in writing and shall be personally delivered or sent by the
United States Certified Mail, return receipt requested, or by public or
private service, addressed as set forth below, and shall be effective when
mailed. If to Centron: Centron Properties Corporation, 855 - 106th Avenue
N.E., P.O. Box C-90001, Bellevue, Washington 98009. If to the City: City of
Kent, 220 4th Avenue South, Kent, Washington 98032-5895.
6.4 The covenants, conditions, rights and restrictions herein granted,
created and set forth shall be covenants running with the property identified
in Exhibit A and B hereto and shall inure to the benefit of and be binding
upon Centron's successors. All the covenants, conditions, rights,
restrictions, methods and obligations of the City herein shall be covenants
running with the property identified in Exhibit B hereto and shall inure to
the benefit of and be binding upon the City's grantees, successors, and
assigns.
6.5 Centron shall be entitled to assign all or part of its rights,
obligations, interests under this deed, reservations, restrictions and
agreement provided such assignment shall be in writing and fully executed by
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the appropriate officer of Centron. Except as expressly permitted herein no
other assignment or transfer by Centron of interests reserved hereun shall be
of any force or effect.
7. REVERTER. In the event that the City ceases using the Neely Residence,
the Green River Corridor, and the Russell Woods, for the public park and
open space purposes provided in this agreement, then title to the Neely
Residence, the Green River Corridor, or the Russell Woods, whichever
parcel has not been operated consistent with the provisions of this agreement,
shall automatically and irrevocably revert to Centron Properties Corporation,
its successor, without requirement of notice or any other requirement.
Executed on the day and year first above written.
co CENTRON PROPERTY CORPORATION
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CITY OF KENT
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DE-R=ER, MAYOR
ATTEST:
MARIER
1016L -11L
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me
to me known to be the of Centron Properties
Corporation, the corporation that executed the within and foregoing
instrument, and acknowledged the instrument to be the free and voluntary act
and deed of said corporation for the uses and purposes herein mentioned, and
on oath stated that he was duly authorized to execute said instrument on
behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and
seal this day of , 1986.
NOTARY PUBLIC in and for the State o
Washington, residing at
On this day personally appeared before me DAN KELLEHER to me known
to be the Mayor of the City of Kent, the municipal corporation that executed
co the within and foregoing instrument, and acknowledged the instrument to be the
cofree and voluntary act and deed of said municipal corporation for the uses and
U purposes herein mentioned, and on oath stated that he was duly authorized to
10 execute said instrument on behalf of the City. IN WITNESS WHEREOF I have
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hereunto set my hand and seal this day of 1986•
NOTARY PUBLIC in and for the State of
Washington, residing at
1016L -11L
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