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:
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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