HomeMy WebLinkAboutPK18-260 - Other - YMCA at Morrill Meadows-Quit Claim Deed - 5 Parcels KEN,- Records Management Document
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 253-856-5725.
❑ Blue/Motion Sheet Attached
® Pink Sheet Attached
Vendor Name: The Young Men's Christian Association of Greater Seattle
Vendor Number (JDE):
Contract Number (City Clerk): r -
Category: --'noose an item. Quit Claim Deed
Sub-Category (if applicable): Choose an item. _
Project Name: I YMCA at Morrill Meadows
Contract Execution Date: 6/29/18 Termination Date: N/A
Contract Manager: Julie Parascondola Department: Parks
Contract Amount: N/A
Approval Authority: ❑ Director ❑ Mayor ® City Council
Other Details:
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Kent
Attn: Kent City Clerk
220 Fourth Avenue South
Kent, WA 98032
QUIT CLAIM DEED WITH GRANTEE COVENANTS, RELEASES AND INDEMNITY
Reference numbers of related documents: N/A
GRANTOR: CITY OF KENT, a Washington municipal corporation
GRANTEES: THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
GREATER SEATTLE, a Washington public benefit corporation
ABBREVIATED
LEGAL: Adjusted Lot A, City of Kent Lot Line Adjustment No. LL-2018-2,
recorded under Recording No. 20180613001395
Situate in the County of King, State of Washington.
ASSESSOR'S TAX
PARCEL NO(S): 202205-9101-04, 202205-9186-02, 202205-9211-01, 783080-0410-
08 and 202205-9239-09
I. Grant.
The Grantor, City of Kent, a Washington municipal corporation ("Grantor"), for and in
consideration of Ten Dollars($10.00), in hand paid, the covenants, releases and indemnity set
forth herein, other consideration in the form of Grantee's (as defined below) covenant to design
and construct a multi-purpose community facility consisting of a gymnasium, community meeting
rooms, and a six-lane,twenty-five yard swimming pool and to provide the Community Benefits
as defined and set forth in the Development Agreement dated of even date herewith between the
parties (the "Development Agreement"), and that certain Project Lease Agreement between the
Grantor and Grantee, hereby conveys and quit claims to The Young Men's Christian Association
of Greater Seattle, a Washington public benefit corporation("Grantee"), that certain real
property located in King County, Washington, and legally described on Exhibit A attached
hereto ("Property"), subject to:
a. All agreements, covenants,encumbrances and restrictions of record including
without limitation,the exceptions described on Exhibit 8 attached hereto;
f ent the rantee eases t ruse ie-vper�-for------- - ----
the construction,operation and/or maintenance of a multi-purpose community
facility to be located thereon and consisting of, among other things,a gymnasium,
community meeting rooms,and swimming pool,then the Property shall revert to the
Grantor,or its assigns, free and clear of any claims of the Grantee;and
c. the terms and conditions set forth below.
Grantee's Covenants, Releases and Indemnity("Covenant")
The Property is conveyed AS-IS, WHERE-IS, WITH ALL FAULTS, AND
WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR
IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR ITS
SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES AND
PURPOSES. Grantee acknowledges thatt adverse physical; economic or other conditions
(including without limitation, adverse environmental soils and groundwater conditions), either
latent or patent, may exist on the Property and assumes Grantor's responsibility for all
environmental conditions of the Property, known or unknown, including but not limited to
responsibility, if any, for investigation, removal or remediation actions relating to the presence,
release or threatened release of any Hazardous Substance as defined in the Development
Agreement or other environmental contamination on, under, emanating from or otherwise
relating to the Property, except to the extent the Grantor has expressly agreed, in the event of a
Significant Unexpected Underground Conditions, to pay for the incremental increase in Project
Costs caused by the Significant Unexpected Underground Conditions in excess of ten percent of
the PrnjPr.t$ItdaPt all ac dPfi_nPcl anti -,et forth in the. Develonment Agreement_
Grantee also releases, covenants not to sue, and shall indemnify, defend, and hold
Grantor and its past, present and future officials, employees, and agents, fiaarmm7ess from an
against any and all claims, demands,penalties, fees, damages, losses, expenses (including but not
limited to fees and costs of regulatory agencies, attorneys, contractors and consultants), and
liabilities arising out of, or in any way connected with, the condition of the Property including
but not limited to any alleged or actual past, present or future presence, release or threatened
release of any Hazardous Substance in, on, under or emanating from the Property, or any portion
thereof or improvement thereon, from any cause whatsoever; it being intended that Grantee shall
so indemnify Grantor and such other persons without regard to any fault or responsibility of
Grantor, Grantee, or such other persons, except to the extent the Grantor has expressly agreed, in
the event of a Significant Unexpected Underground Conditions, to pay for the incremental
increase in Project Costs caused by the Significant Unexpected Underground Conditions in
excess of ten percent of the Project Budget all as defined and set forth in the Development
Agreement. Grantee is aware of the rights it might otherwise have to seek recovery from Grantor
for costs of remediation and cleanup of Hazardous Substances under applicable law, including
without limitation the Washington Model Toxics Control Act ("MTCA") and the federal
Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), and
Grantee hereby knowingly waives all such rights, now existing or hereafter arising, and
voluntarily relinquishes those rights and forever releases the Grantor from any such obligation.
Grantee's release and covenant not to sue shall include both claims by Grantee as
original plaintiff against Grantor and any cross-claims, third-party claims or counterclaims
claims against Grantor by Grantee related to claims made against Grantee by any parties,
including Grantor. This release and covenant not to sue mean that Grantee has no recourse
against Grantor or any of its officers, employees or agents for any claim or liability with respect
to the Property. The obligation to indemnify and defend shall include, but not be limited to, any
liability of Grantor to any and all federal, state or local regulatory agencies or other persons or
entities for remedial action costs and natural resources damages claims.
This Covenant shall apply regardless of whether or not Grantee is culpable, negligent
or in violation of any law, ordinance, rule or regulation, and whether or not Grantor or its
officials, employees or agents had as of the date hereof any information or documents related to
the condition of the Property not known to Grantee, any statement or omission in any other
document or disclosure form notwithstanding.
This Covenant is the entire agreement of the parties with respect to the subject matters
of this Covenant, and supersedes any prior agreements, understandings, representations or
warranties as to such matters; however, the release and indemnity herein are in addition to, and
shall neither impair nor be .affected by, any other release or indemnity by Grantee or its
successors now in effect or hereafter made for the benefit of Grantor.
This Covenant is not intended to, nor shall it release, discharge or affect any rights or
causes of action that Grantor or Grantee may have against any other person or entity, except as
otherwise expressly stated herein, and each of the parties reserves all such rights including, but
not limited to, claims for contribution or cost recovery relating to any Hazardous Substance in,
on, under or emanating from the Property.
II. Nondiscrimination.
Grantee further covenants that there shall be no discrimination upon the basis of race,
color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy, of
the Property or any improvements erected or to be erected thereon. This paragraph shall run
with the land and bind Grantee and Grantee's successors and assigns.
This document shall be construed and enforced in accordance with the laws of the State
of Washington as they apply to transactions between Washington residents wholly within such
State. If any provision hereof shall be held invalid or unenforceable in whole or in part then the
terms of this Covenant shall nonetheless remain in effect to the full extent permitted by
applicable law. Grantee irrevocably consents to the jurisdiction of the courts of the State of
Washington and agrees that venue of any action hereunder shall be in King County, Washington.
III. Miscellaneous.
Time is of the essence of all of the provisions hereof.
IV. Notices.
Any notice required or permitted to be given to the parties hereunder shall be in writing
and shall be deemed to have been given upon (i) hand delivery, (ii) one (1) business day after
being deposited with Federal Express or another reliable overnight courier service, with receipt
acknowledgment requested, (iii) upon receipt if transmitted by facsimile telecopy, with a copy
sent on the same day by one of the other permitted methods of delivery, or (iii) upon receipt or
refused delivery. deposited--in-the-United States mail, registered or certified mail,postage prepaid,
return receipt required, and addressed as follows:
Grantor's Address:
The City of Kent
Attn: City Attorney
220 Fourth Avenue South
Kent, WA 98032
Grantee's Address:
YMCA of Greater Seattle
Attention: SKC Regional Vice President
900 4th Avenue
Seattle, WA 98104
[Signatures appear on following pagel
Signature page to Quit Claim Deed
This Quit Claim Deed is dated this 414 day of�,2018.
GRANTOR:
City of Kent, a Washington municw4it corporation
By:
Name: oa
Its:
GRANTEE:
The Young Men's Christian Association of Greater
Seattle
By:
Name:
Its:
STATE OF WASHINGTON )
_ }ss.
COUNNTY Or r i,_ j
On this day personally appeared before me � �� to me known to be
of the C-iiy of Kent, a vv'aShiitgtoi► ►IIIUIiicipal
corporation, that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that said individual is authorized to execute said
instrument.
GIV`� rl t�a d and official seal this day of June, 2018.
iX '• � 3 i
i �►'�. 4101.10 Namc- ,Gef 7"
'Zi/O,c##04,1- 0�r NOTARY PUBLIC in and for the State of
/t�t11&ASH`0G``.� Washington, residing at �d
My commission expires: '.�
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personaiiy appeared before me �^_v 1 U-t41 Lv4 v k�, �r:, to me
known to be {' (� of The Young Men's Christian Association of
Greater Seattle, a Washingt n public benefit corporation, that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said company, for the uses and purposes therein mentioned, and on oath stated that said
individual is authorized to execute said instrument.
GIVEN under my hand and official seal this A day of 12018.
WYN qName: t,� L N
';ri 'I" ,ys�0 /iz NOTARY PUBLIC m and for t e State of
Z 4 Washington, residing at
r ' • - a My commission expires: 5 Dj-1
r
' A '0t a,.�` s
//41111 ",WASH
Exhibit A
Legal Description of Kent YMCA Land
That portion of the Southwest quarter of the Southwest quarter of the Northeast quarter in Section 20,
Township 22 North, Range 5 East, W.M., and of Lot 25 of R.O. Smith's Orchard Tracts Addition to Kent
as recorded in Volume 12 of Plats, page 27, in King County, Washington, and that portion of 108th
Avenue Southeast, as vacated by City of Kent Ordinance No. 3766, under Recording No.
20060110000426 more particularly described as follows:
COMMENCING at the East quarter corner of said Section 20, Township 22 North,Range 5 East, W.M.;
THENCE North 88043115" West, along the South line of the North half of said Section, a distance of
2,355.69 feet;
THENCE Northl°16'45" East, perpendicular to said South line, 30.00 feet to the North margin of
Southeast 248th Street,and the Point of Beginning;
THENCE, continuing, North 1°16'45" East, 323.00 feet to the North line of the South 353.00 feet of the
North half of Section 20;
THENCE North 88043'15" West, along said North line, 297.28 feet;
THENCE South 1°16'45" West, perpendicular to said South line, 213.00 feet, to the North line of the
South 140 feet of the North half of Section 20;
THENCE South 88°43'15" East,along said North line,252.28 feet;
THENCE South 1°16'45" West, perpendicular to said South line, 110.00 feet, to the North margin of
Southeast 248th Street;
THENCE South 88°43'15"East along said North margin 45.00 feet to the Point of Beginning;
(ALSO KNOWN AS Adjusted Lot A, City of Kent Lot Line Adjustment No. LL-2018-2, recorded under
Recording No. 20180613001395,being a correction of Recording No.20180601000444).
Situate in the County of King, State of Washington.
Exhibit
Title Exceptions
— ---Right to ivakemecessary scopes-for cuts orfills upon the krud heicin described cts pantud —
to King County by deed recorded under Recording No. 4755699.
2. Right to make necessary slopes for cuts or fills upon the land herein described as granted
to King County by deed recorded under Recording No. 5098728.
3. Easement and the terms and conditions thereof.
Purpose: Ingress, egress and utilities
As disclosed by: Deed - - -
Area affected: a portion of said premises
Recording No.: 6556168
4. Easement and the terms and conditions thereof:
Purpose: Ingress, egress and utilities
Area affected: a portion of said premises
As disclosed by: Deed
Recorded: April 24, 1972
Recording No.: 7204240341
5. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power&Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded:April 10, 1978
Recording No.: 7804100715
6. Ali covenants, conditions, restrictions, reservations, easements or other servitudes, if any,
but omitting restrictions,if any,based upon race,color, creed or national origin,disclosed
by the short plat recorded under Recording No. 7804190934.
7. City of Kent Notice of Sewer Connection Charges and the terms and conditions thereof:
Recorded: March 17, 1982
Recording No.: 8203170003
8. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power&Light Company
Purpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: July 7, 1986
Recording No.: 8607070302
9. All covenants, conditions,restrictions, reservations, easements or other servitudes, if any,
but omitting restrictions, if any,based upon race, color, creed or national origin,disclosed
by the lot line adjustment recorded under Recording No. 870511900 1.
10. 26. Boundary Line Agreement and the terms and conditions thereof:
Recorded: June 2, 1987
Recording No.: 8706021214
Said instrument is a re-record of instrument recorded May 11, 1987, under Recording
No. 8705110435.
11. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any,
but omitting restrictions, if any, based upon race,color, creed or national origin, disclosed
by the lot line adjustment recorded under Recording No. 8706029004.
12. Easement and the terms and conditions thereof:
Grantee: Washington Natural Gas Company
Purpose: Gas pipeline or pipelines
Area affected: a portion of said premises
Recorded: November 23, 1987
Recording No.: 8711230354
13. All covenants, conditions,restrictions, reservations, easements or other servitudes, if any,
but omitting restrictions, if any, based upon race,color, creed or national origin,disclosed
by the lot line adjustment recorded under Recording No.9005631225.
14. Easement and the terms and conditions thereof:
Grantee: Pacific Northwest Bell Telephone Company
Purpose: Underground communication lines and duct system
Area affected: a portion of said premises
Recorded:January 22, 1988
Recording No.: 8801220677
15. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded:June 25, 1997
Recording No.:9706252035
16. Declaration of Stormwater Facility Maintenance Covenant and the terms and conditions
thereof:
Recorded: September 24, 1998
Recording No.:9809240714
17. Environmental Mitigation Agreement and the terms and conditions thereof:
Recorded: September 24, 1998
Recording No.: 9809240715
18. Matters set forth by survey:
Recorded: March 16, 1999
Recording No.: 9903169018
19. Matters set forth by survey:
Recorded:January 8,2002
Recording No.: 20020108900001
20. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof-
Recorded: October 11,2004
_---------
21. Deed of Right to Use Land for Public Recreation Purposes and the terms and conditions
thereof:
Recorded:November 10, 2005
Recording No.:20051110000431
22. City of Kent Ordinance No. 3766 and the terms and conditions thereof-
Recorded: January 10,2006
Recording No.:20060110000426_
Regarding: Vacation of street
23. Notice of On-Site Sewage System Operation and Maintenance Requirements, and any
terms and conditions thereof-
Recorded. January 9, 2017
Recording No.: 2017010.9001021
24. All covenants,conditions, restrictions,reservations, easements or other servitudes, if any,
but omitting restrictions, if any, based upon race,color,creed or national origin,disclosed
by the Lot Line Adjustment recorded under Recording No. 20180613001395. Said
instrument is a correction of original Lot Line Adjustment,recorded under Recording No.
20180601000444.
25. All real estate taxes relating to the Property.