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HomeMy WebLinkAboutACQ2019-001 - Original - King County Mill Creek Reestablishment Parcel #1822059115 - 03/25/2019 KENT Records Management Docum int CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-$56-a?2 a. Vendor Name: King County Vendor Number (JDE): Contract Number (City Clerk): Ac o ZO I°I — U U I Category: -Purchase and Sale Agreement Sub-Category (if applicable): None Project Name: Purchase of parcel for Mill Creek Reestablishment Contract Execution Date: Termination Date: Contract Manager: Cheryl Rolcik-Wilcox Department: PW: Engineering Contract Amount: $23128 Budgeted: ❑ Grant? Part of NEW Budget: Local: ❑ State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: Director Mayor City Council Other Details: Purchase of parcel to support future plans for the "Little Property" which will be used for realignment of Mill Creek away from homes along Woodford Ave. and for mitigation. REQUEST FOR MAYOR'S SIGNATURE KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMCNT) j> Approved`bYDirector jig ft- i Originator: Cheryl Rolm, ilcox Phone (Originator): x550 Date Sent: 3/8/19 Date Required: 3/15/19 Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: N/A / VENDOR NAME: Date Finance Notified: Kin Count (Only required on contracts N JA g y 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 3/5/19 Date Risk Manager Notified:N/A (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: Authorized in the Bud et? YES g NO 13-3002 Brief Explanation of Document: King County Tax Title Terms of Sale Agreement to purchase a 5,227 square foot parcel from King County located near the Little property for $2,128. This will support future plans for the Little property, which will be used for realignment of reek away from homes along Woodford Avenue and for mitigation. W V Litz PT All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: a.j Shaded Areas To Be Completed By Administration Staff Received: RECEIVEnLj Recommendations and Comments: ` City of Kent Office of the Mayor Date Returned: :1 i A orms\ current race-ny\ equest for Mayors Sqnature d— CITY OF$KL CITY CLE£ K<r fta5t. Wv(VI oV1 tp t {Ij I I 14 PUBLIC WORKS DEPARTMENT Tim LaPorte, PE i 220 Fourth Avenue South KENT Kent, WA 98032 WASH i N G T O N 253-856-5600 DATE: February 25, 2019 TO: Public Works Committee SUBJECT: Little Property Parcel Purchase - Recommend MOTION: Move to recommend Council authorize the Mayor to sign all documents necessary to purchase a parcel of land (APN 1822059115), located adjacent to the City-owned Little Property from King County, in an amount not to exceed $2,128.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent has been working with King County to purchase a parcel adjacent to the City-owned parcel also known as the 'Little Property'. This parcel is 5,227 square-feet in size and is currently owned by King County. The purchase of this property will support the future plans for the Little Property related to the Mill Creek Reestablishment Project. Background: The Mill Creek Reestablishment Project seeks to reduce flood risks, improve fish passage and stream/riparian habitats, as well as sustain ongoing growth in the City. The Little Property is an important component of this project as the property will be used for the realignment of Mill Creek, away from homes along Woodford Avenue, and for mitigation. BUDGET IMPACT: $2,128.00 from the Stormwater Fund SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services ATTACHMENTS: 1. 14 - Exhibit A Little Prop Dept of assessments prop info (PDF) 2. 14 - Exhibit B Little Prop KC Tax Title Terms of Sale(PDF) Packet Pg. 001 KING COUNTY TAX TITLE TERMS of SALE This is an offer by King County to sell real property under the"Terms" detailed below. By signing these Terms and providing King County with the full Payment of the Purchase Price, the Buyer accepts King County's offer under the following Terms. 1. King County, a political subdivision of the State of Washington(the "Seller") is the owner of that certain real property located at 8XX Prospect Ave N, King County, State of Washington, the legal description of which is attached hereto as Exhibit A (the "Property"). The Property was the subject of a foreclosure order of the King County Superior Court and the Seller acquired the Real Property in trust for the taxing districts by deed under Recording Number 20120203000687 by virtue of RCW 84.64.200 in tax title status as the result of no qualifying bids being received at a tax foreclosure sale. 2. The City of Kent, a Washington Municipal Corporation(the "Buyer"), accepts Seller's offer and agrees to purchase the Property under these Terms of Sale (the "Terms"). Buyer is advised and agrees that the Terms are not intended as legal advice, and if the Buyer has questions they shall seek the advice of an attorney. 3. In consideration of the conveyance of the Property, Buyer shall, in full payment therefore, pay to Seller a total purchase price of Two-Thousand One-Hundred Twenty-Eight Dollars and 00/100 ($2,128.00) (the "Purchase Price"). Buyer shall provide Seller with the full amount of the Purchase Price ("Payment") and a signed copy of the Terms. The agreement to purchase the Property shall be effective as of the date these are received by the Seller. 4. Buyer acknowledges and agrees that the Property is sold "As Is" and "Where Is" without any representations or warranties expressed or implied. 5. By agreeing to these Terms, and providing the Seller with the Payment and a signed copy of the Terms, Buyer enters into a binding contract to purchase the Property and agrees to and is subject to the Terms as a matter of contract. 6. Buyer is required to conduct all due diligence of the Property prior to agreeing to the Terms and accepting Seller's offer. Buyer is to rely solely on their own investigation of the Property and shall not rely on any information provided or to be provided by Seller. Buyer acknowledges and agrees that King County is not liable or bound in any manner by any verbal or written statements, representations, or information pertaining to the Property, or the operation thereof, furnished by any agent, employee, or contractor of King County, any real estate broker, or any other person. 7. Seller has not made, does not make, and specifically negates and disclaims any representations, warranties,promises, covenants, contracts or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning, or with respect to the value, nature, quality, or condition of the Property(collectively "Condition of the Property"), including, without limitation; the actual, threatened or alleged King County Tax Title Terms of Sale existence,release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill, migration, escape, disposal or other handling of any Hazardous Substances in, on, under or emanating from or into the Property, and the compliance or noncompliance of or by the Property or its operation with applicable federal, state, county and local laws and regulations, including, without limitation, Environmental Laws and regulations and seismic/building codes, laws and regulations. For purposes of this Agreement, the term"Environmental Law" shall mean: any federal, state or local statute, regulation, code, rule, ordinance, order ,judgment, decree, injunction or common law pertaining in any way to the protection of human health, safety, or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9602 et. seq. ("CERCLA"); the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. ("RCRA"); the Washington State Model Toxics Control Act, RCW ch. 70.105D ("MTCA"); the Washington Hazardous Waste Management Act, RCW ch. 70.105; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Washington Water Pollution Control Act, RCW ch. 90.48, and any laws concerning above ground or underground storage tanks. For the purposes of this Agreement, the term "Hazardous Substance" shall mean: any waste,pollutant, contaminant, or other material that now or in the future becomes regulated or defined under any Environmental Law. 8. To the maximum extent permitted by RCW ch. 64.06, Buyer expressly waives the right to receive from King County a seller disclosure statement ("Seller Disclosure Statement"). Nothing in any Seller Disclosure Statement delivered by King County creates a representation or warranty by King County, nor does it create any rights or obligations on any party. 9. By agreeing to the Terms, Buyer approves and accepts the Condition of the Property, and agrees to purchase the Property and accept the Condition of the Property"AS IS,WHERE IS" with all faults and patent or latent defects. Buyer shall have no recourse against King County for, and waives, releases and discharges forever King County from, any and all past, present or future claims or demands, and any and all past, present or future damages, losses, injuries, liabilities, causes of actions (including, without limitation, causes of action in tort) costs and expenses (including, without limitation fines,penalties and judgments, and attorneys' fees) of any and every kind or character, known or unknown (collectively, "Losses"), which the Buyer might have asserted or alleged against King County arising from or in any way related to the Condition of the Property, including without limitation, matters related to Hazardous Substances or Environmental Laws. 10. Seller shall convey to Buyer the title to the Property by Quit Claim Deed in substantially the form attached hereto as EXHIBIT B. In conveying the Property by Quit Claim Deed, Seller makes no title warranties whatsoever and Buyer takes subject to all easements, leases, licenses, conditions, encroachments, restrictions, liens, taxes, assessments, fees, charges and other encumbrances (together"Encumbrances") whether such Encumbrances are of record or not. The Parties acknowledge and intend that any property interests in the Property in favor of the County in effect prior to the acquisition of the Property by the County at the tax foreclosure sale pursuant to RCW 84.64.200 did not merge with the County's tax title ownership of the Property and remain in full force and effect. King County Tax Title Terms of Sale 11. The Closing shall occur within fifteen (15)business days of the Seller receiving the signed Terms and the Payment. At the Closing, Seller shall execute the Quit Claim Deed, a Bill of Sale in substantially the form of Exhibit C, and a Certificate of Non-Foreign Status substantially in the form of Exhibit D, shall record the executed Quit Claim Deed, and shall have the original Quit Claim Deed, Bill of Sale and Certificate of Non-Foreign Status mailed to Buyer at the address provided in Section 14 of the Terms. Seller shall not be responsible for payment of any taxes, assessments, fees or other charges related to the Property. 12. Buyer represents and warrants that Buyer has full power and authority to execute the Terms and to perform Buyer's obligations hereunder. 13. The following exhibits described herein and attached hereto are fully incorporated into this Agreement by this reference: EXHIBIT A Legal Description EXHIBIT B Quit Claim Deed EXHIBIT C Bill of Sale and Assignment EXHIBIT D Certificate of Non-Foreign Status 14. Buyer is to provide the below information: City of Kent, a Washington Municipal Corporation Name in which Buyer would like to take title to the Property 220 Fourth Ave South Kent, WA 98032 Address 253-856-5200 Phone number MLC I K-U)ILCdX idNovft@kentwa.gov Email King County Tax Title Terms of Sale EXECUTED on the dates set forth below. Buyer: By a� � Ayc n Date: Buyer: By: Date: King County Tax Title Terms of Sale EXHIBIT A. LEGAL DESCRIPTION PORTION OF GOVERNMENT LOT 4, IN SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DEFINED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE WEST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, 110 FEET; THENCE NORTH 01021'12" EAST 1303.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88000'00" WEST 174.14 FEET; THENCE NORTH 02029'00" EAST TO THE NORTH LINE OF SAID GOVERNMENT LOT 4; THENCE EAST ALONG SAID LINE TO A POINT NORTH 01021'12" EAST OF THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING. Tax Account Number: 182205-9115-02 King County Tax Title Terms of Sale EXHIBIT B. QUIT CLAIM DEED AFTER RECORDING RETURN TO: CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 98032 QUIT CLAIM DEED Grantor-- King County,Washington Grantee-- City of Kent, a Washington Municipal Corporation Legal---- PTN GOV LT 4,SW 1/4 18-22N-5E Tax Acct.— 132204-9364 The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of the sum of$2,128.00, conveys and quitclaims to Grantee, City of Kent, a Washington Municipal Corporation,the following real property situated in King County, Washington and described in EXHIBIT A, attached hereto and incorporated herein by this reference including after acquired title. The real property was the subject of a foreclosure order of the King County Superior Court and the Grantor acquired the real property in trust for the taxing districts by virtue of RCW 84.64.200. Grantor holds tax title properties in trust for the taxing districts as provided in RCW 36.35.020. Grantor is conveying the real property to Grantee as provided for in RCW ch. 3 6.3 5 GRANTOR KING COUNTY BY: Bryan Hague, Manager Real Estate Services DATE: Approved as to Form: BY: Deputy Prosecuting Attorney King County Tax Title Terms of Sale NOTARY BLOCK FOR KING COUNTY STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2018, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared Bryan Hague, to me known to be the Manager, Real Estate Services Section of the Department of Executive Services, and who executed the foregoing instrument and acknowledged to me that HE was authorized to execute said instrument on behalf of KING COUNTYfor the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington,residing Printed Name at City and State My appointment expires King County Tax Title Terms of Sale EXHIBIT A To Quit Claim Deed Legal Description PORTION OF GOVERNMENT LOT 4, IN SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DEFINED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE WEST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, 110 FEET; THENCE NORTH 01021'l2" EAST 1303.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88000'00" WEST 174.14 FEET; THENCE NORTH 02029'00" EAST TO THE NORTH LINE OF SAID GOVERNMENT LOT 4; THENCE EAST ALONG SAID LINE TO A POINT NORTH 01021'l2" EAST OF THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING. Tax Account Number: 182205-9115-02 King County Tax Title Terms of Sale EXHIBIT C. BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE is made as of this day of 12018, by KING COUNTY, a political subdivision of the State of Washington("Seller"), in favor of City of Kent, a Washington Municipal Corporation("Buyer"). NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant, bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of Seller's right, title and interest in and to any and all equipment, furniture, furnishings, fixtures and other tangible personal property owned by Seller that is attached, appurtenant to or used in connection with the real property legally described on the attached Exhibit A. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written. SELLER: By: Name: Bryan Hague Title: Manager, Real Estate Services King County Tax Title Terms of Sale EXHIBIT A To Bill of Sale and Assignment Legal Description PORTION OF GOVERNMENT LOT 4, IN SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DEFINED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE WEST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, 110 FEET; THENCE NORTH 01021'l2" EAST 1303.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88000'00" WEST 174.14 FEET; THENCE NORTH 02029'00" EAST TO THE NORTH LINE OF SAID GOVERNMENT LOT 4; THENCE EAST ALONG SAID LINE TO A POINT NORTH O1021'12" EAST OF THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING. Tax Account Number: 182205-9115-02 King County Tax Title Terms of Sale EXHIBIT D. Seller's Certification of Non-Foreign Status under Foreign Investment in Real Property Tax Act (26 U.S.C. 1445) Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity(which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by King County("Transferor"), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii); 3. Transferor's U.S. employer identification number is 91-6001327; 4. Transferor's office address is King County Facilities Management Division, Real Estate Services Section, Room 800 King County Administration Building, 500 Fourth Avenue, Seattle, WA 98104. Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Transferor. Dated this day of , 2018. King County, Transferor: By: Name: Bryan Hague Title: Manager, Real Estate Services King County Tax Title Terms of Sale NOTICE OF FULL ACQUISITION DATE: April 1, 2019 TO: Tim LaPorte, Public Works Dave Brock, PW Operations Kim Komoto, City Clerk Molly Bartlemay, Customer Service Tammy McQueeney, Customer Service Julie Parascondola, Parks Mariane Ely, Customer Service Chris Hills, Risk Manager Cindy Riege, ECD Brennan Taylor, ECD Toby Mollett, PW Survey Alex Ackley, Facilities Nancy Clary, Facilities Kristin Lykken, PW Accounting Angela Fealy, Finance Paul Scott, PW Accounting FROM: Cheryl Rolcik-Wilcox, Property & Acquisition Analyst The City of Kent purchased the property listed below: Previous Owner: King County, Washington Parcel #: 182205-9115 Legal Description: PTN GOV LT 4, SW 1/4 18-22N-5E King County Recording Number(s): 20190401000701 Address or Cross Streets: 8XX Prospect Avenue N., Kent, WA Purchase Price: $2,128.00 Improvements on Site: N/A Project Manager/ Engineer: PW Environmental Engineering Future Use / Purpose: To support future plans for the "Little" property, to be used for the realignment of Mill Creek away from homes along Woodford Avenue, and for mitigation. Project No. / JDE account No. D20086 Asset / PO Number: 4363 ADDITIONAL NOTES: Please see recorded deed and map attached. Public Works/Notice of Acquisition E2980300 EXCISE TAX AFFIDAVITS AFTER RECORDING RETURN TO: 41112019 3:43 PM KING COUNTY,WA Tax Amount:$10.00 CITY OF KENT (IIIIIII�� �INII�III�Ii1��NIl��l�ll�ll��l�lllll�ll�ll�ll 220 FOURTH AVENUE SOUTH KENT, WA 98032 20190401000701 QUITCLAIM DEED Rec:$101.00 4JI12019 3:43 PM KING COUNTY,WA QUIT CLAIM DEED Grantor-- King County,Washington Grantee-- City of Kent, a Washington Municipal Corporation Legal---- PTN GOV LT 4, SW 1/4 18-22N-5E Tax Acct.— 182205-9115 The Grantor, KING COUNTY,a political subdivision of the State of Washington, for and in consideration of the sum of$2,128.00, conveys and quitclaims to Grantee,City of Kent,a Washington Municipal Corporation,the following real property situated in King County, Washington and described in EXHIBIT A, attached hereto and incorporated herein by this reference including after acquired title. The real property was the subject of a foreclosure order of the King County Superior Court and the Grantor acquired the real property in trust for the taxing districts by virtue of RCW 84.64.200. Grantor holds tax title properties in trust for the taxing districts as provided in RCW 36.35.020. Grantor is conveying the real property to Grantee as provided for in RCW ch. 36.35 GRANTOR KING COUNTY BY: Bryan a an e(al st a ces DATE: Approved as to Form: BY: Deput ros tin ey 57-51"a- NOTARY BLOCK FOR KING COUNTY STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this �>; day,of &IajL\ 2019, before me, the undersigned a Notary Public in and for the.State of Washington, duly commissioned and sworn,personally appeared Bryan Hague, to me known to be the Manager, Real Estate Services Section of the Department of Executive Services, and who executed the foregoing instrument and acknowledged to me that HE was authorized to execute said instrument on behalf of KING COUNTY for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington,residing No,' 5*—Le I?-IIc4 STEVE RIZIKA Printed Name Notary Public �/►�tcor gWQj W State of Washington MY Commission Expires at t s May 30. 2019 City and State My appointment expires EXHIBIT A To Quit Claim Deed Legal Description PORTION OF GOVERNMENT LOT 4, IN SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 22, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DEFINED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 22,RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE WEST,ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, 110 FEET; THENCE NORTH 01021'l2" EAST 1303.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88000'00" WEST 174.14 FEET; THENCE NORTH 02029'00" EAST TO THE NORTH LINE OF SAID GOVERNMENT LOT 4; THENCE EAST ALONG SAID LINE TO A POINT NORTH 01021'l2" EAST OF THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY TO THE TRUE POINT OF BEGINNING. Tax Account Number: 182205-9115-02