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HomeMy WebLinkAbout1677RESOLUTION NO. /b 77 A RESOLUTION of the City Council of the City of Kent, Washington, requesting the support and cooperation of the Burlington Northern and Santa Fe Railway Company in extending a long-term lease for real property located in downtown Kent currently under consideration for donation to the City. RECITALS A. For more than 100 years, downtown Kent has been home to the property commonly referred to as the "105 Building," which is located at the northeast comer of ls1 Avenue North and West Smith St. B. The 105 Building is privately owned by Don Shaffer. However, the building was constructed on land owned by the Burlington Northern and Santa Fe Railway Company by Mr. Shaffer's Great-Grandfather in approximately 1895, and may be the oldest standing structure in Kent. C. Mr. Shaffer is considering donating the 105 Building to the Kent Parks Foundation, which would represent a significant gift to the foundation valued at approximately $500,000. Shaffer 105 Building -Request Burlington Northern Lease Extension D. It is the City's hope that the 105 Building could, upon donation, be revitalized, thus improving this location near our downtown parks and historic area. The revitalization of this space would benefit the Kent community. E. The Kent City Council supports Mr. Shaffer's donation of the 105 Building to the Kent Parks Foundation. F. One hindrance with this donation and the City's future vision is that Mr. Shaffer has a month-to-month ground lease with the Burlington Northern and Santa Fe Railway Company. If this lease is not extended to a longer term, this transaction would likely become infeasible. The City understands that the railway company has a policy of requiring such short term leases in these situations. However, the City Council, through this resolution, requests that the Burlington Northern and Santa Fe Railway Company consider extending to the City a long-term land lease so that 1t may continue with the anticipated donation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Lease Extension.. The City Council of the City of Kent respectfully requests, on behalf of our community, that the Burlington Northern and Santa Fe Railway Company extend its month-to-month ground lease to a long-term ground lease for the 1 05 Building property in the event the building is donated to the Kent Parks Foundation for the benefit of the Kent community. SECTION 1. -Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any 2 Shaffer 105 Building-Request Burlington Northern Lease Extension reason, such decision shall not affect the validity of the remaining portwns of this resolution. SECTION 3. -Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASS ED at a regular open public meeting by the City Council of the City of Kent, Washington, this /_c;f; day of June, 2004. CONCURRED in by the Mayor of the City of Kent this / #day of June, 2004. ATTEST: BRENDAJACOBER~CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY .............. ---.. _ ~"" -. -_ .... -------: 3 Shaffer 105 Building -Request Burlington Northern Lease Extension I hereby certify that this is a true and correct copy of Resolution No. J {, 11 passed by the City Council of the City of Kent, Washington, the / _,.:z; day of June, 2004. P 't:tvii\RESOLUTION\SIIalli:r BuriongtonNnhml.cue&tenooon .SO.: ...... --.. ,--~ . >.J-• .. '.::::::, -=--:---_.. -_,.. ... _ ,- ' .-................. · 4 Shaffer I 05 Building-Request Burlington Northern Lease Extension