HomeMy WebLinkAboutPW18-201 - Other - King County Flood Control District - Lower Russell Road Levee Setback Project - Release of Restrictive Covenant - 08/12/2019AFTER RECORDING, RETURN TO:
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20190 27000421
RELEASE Rec: (107.60
8/27/2019 11:09 AMKINO COUNTY, WA
King County Department of Natural Resources and Parks
Water and Land Resources Division
Attn: Robert B. Jackson
MaUstop: KSC-NR-0600
201 South Jackson Street, Suite 600
Seattle, WA 98104-3855
Document Title:
Grantor:
Grantee:
Abbreviated Legal Description:
Additional Legal Description Is on Page:
Assessor's Tax Parcel D3#:
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Release of Restrictive Covenant
King County, a Political Subdivision of the State of
Washington
City of Kent, a municipal corporation of the State of
Washington
Ptn. Govt Lot 2 STR 11-22N-04E
Exhibit "B»
1122049015 and 1122049083
^ <^?<?-3-/5 ST-
RELEASE OF RESTRICTIVE COVENANT
THIS RELEASE OF RjgSTOCTIVE COVENANT is made and entered into by KING
COUNTY, a political subdivision of the State of Washington and the CITY OF KENT, a
municipal corporation of the State of Washington.
RECITALS
A. The City of Kent is the owner of certain real property described in Exhibit A,
located in the City of Kent, King County Tax Parcel Numbers 1 122049015 and 1122049083 (the
"Property"),
B. The City of Kent acquired the Property with funds pursuant to the Agreement for
Project Grant from Shoreline Improvement Account, Project Title, Kent Lagoons, Project
Number A71910 (the "Project Contract") dated August 3, 1994 and with funds from the King
County Conservation Futures Tax ("CFT") Levy.
C. Pursuant to the Project Contract, any transfer of the Property or conversion of the
Property to a different use requires that other property of as nearly as feasible equivalent
usefulness and location shall be received in exchange therefor. Additionally, pursuant to the
requirements for use ofCFT levy funds, the Property acquired with such funds is subject to the
open space use restrictions and restrictions on alienation and transfer as set forth in RCW Section
84.24.200 et seq. and King County Code Section 26.12.005 et seq.
D. To comply with the requirements for use of King County funds as set forth above,
a Restrictive Covenant against the Property was recorded in the real property records of King
County, dated June 23, 1994, recorded on August 5, 1994, as Instrument No. 9408051537 (the
"Original Restrictive Covenant").
E. The City of Kent has proposed and King County has agreed to a conversion of a
portion of the Property ("Conversion Area") described in Exhibit B, but only upon the condition
that the replacement property (i) be subject to all the requirements set forth in the Project
Contract, including, but not limited to, the restrictions on transfer and conversion (ii) be subject
to the open space use restrictions and restrictions on alienation and transfer as set forth in RCW
Section 84.24.200 et seq. and King County Code Section 26.12.005 et seq. and (iii) have
recorded against It in the real property records of King County a Restrictive Covenant.
NOW THEREFORE:
King County, for and in consideration of the conversion of the Conversion Area and the
recording of a new Restrictive Covenant on the replacement property hereby releases, terminates
and extinguishes the Original Restrictive Covenant upon the Conversion Area and it shall be of
no further force or effect.
This Release of Restrictive Covenant shall be binding upon the parties and their
successors and/or assigns.
In witness whereof King County has set its hand and seal this ^ day of
0 f^H i^ ^ t ^ ^j\y i. ,7»
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KING COUNTY
By:
fe4 l^ Af'
^ ^ ^ J^/V^-^ Title: wi.^. T^.yt&^fei O^sgs.r^R
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In witness whereof the City of Kent has set its hand and seal this /^L day of
,2019.
CITY OF KENT
By: 1^
Name'pano-'Kal
Title: m\l,
STATE OF WASHINGTON)
COUNTY OF KING
)ss.)
f\I certify that I know or have satisfactory evidence that L//nf t ^'T) ^ I ^ H<^m' is the person
who appeared before me, and said person acknowledged that -S_he signed this instrument, on
oath stated that "-lie is authorized to execute the instrument and acknowledged it as the
^y^m£ pyi£.$ofKing County to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
^'-^
f^inw^
Printed ^ame
Notary Public in and for the
State of Washington
Residing at
My appointment expires 10,
STATE OF WASHINGTON )
COUNTY OF KING
) ss.
)
I certify that I know or have satisfactory evidence that Dana Ralph, the Mayor of the City of
Kent, a municipal corporation of the State of Washington, appeared before me, and said person
acknowledged that she signed this instrument and, on oath, stated that she is authorized to
execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: ^/^//
^WASY^Sl*^\\\w\^
Printed name
Notary Public in and for the
State of Washington
Residing at
My appointment ex^fres y?- /^-^^
EXHIBIT A
Legal Description
TAX LOT: 112204-9015
PARCEL C OF CHY OF KENT LOT UNE ADJUSTMENT NO, LL-91-3 RECORDED UNDER RECORDING
NUMBER 9101231064, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF GOVERNMENT LOTS 2 AND 3, SECTION 11, TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M-/ IN KING COUNTY, WASHINGTON/ DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 11;
THENCE NORTH 89°t753" WEST, 683.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°17'53" WEST/ 1,448.36 FEET TO A POINT ON THE SOUTHEAST LINE OF RUSSELL
ROAD;
THENCE ALONG SAID SOUTHEAST LINE THE FOLLOWING THREE COURSES;
1) NORTH 33°51fl7" EAST, 34.38 FEET TO THE BEGINNING OF A CURVE/ CONCAVE SOUTH EASTERLY,
HAVING A RADIUS OF 686.34 FEET;
2) NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°OOW/ 215.62 FEET;
3) NORTH 51°51117" EAST, 668.33 FEET;
THENCE SOUTH 89°17153" EAST, 139.42 FEET;
THENCE NORTH 01W58" EAST, 124.09 FEET TO THE BEGINNING OF A NONTANGENT CURVE,
CONCAVE NORTHWESTERLY/ FROM WHICH POINT A RACIAL LINE BEARS NORTH 45°44f01" WEST,
985.37 FEET, SAID POINT ALSO BEING ON THE SOUTHEAST LINE OF RUSSELL ROAD;
THENCE ALONG SAID SOUTHEAST UNE AND NORTH EASTERLY/ ALONG SAID CURVE, THROUGH A
'CENTRAL ANGLE OF 18°39f03", 320.76 FEET;
THENCE SOUTH 89°17>53" EAST, 444.94 FEET;
THENCE SOUTH 00°42'07" WEST, 995.26 FEET TO THE TRUE POINT OF BEGINNING.
LOT SIZE 904/469 SQUARE FEET
TAX LOT: 112204-9083
PARCEL B OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-91-3 RECORDED UNDER RECORDING
NUMBER 9101231064 (BEING A PORTION OF PARCEL 2, ClVf OF KENT LOT LINE ADJUSTMENT #LL-89-
23 RECORDED UNDER RECORDING NUMBER 8907271104)/ MORE PARTICULARLY DESCRIBED AS
R3LLOWS:
THAT PORTION OF GOVERNMENT LOT 2 AND THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER/ SECTION II/ TOWNSHIP 22 NORTH RANGE 4 EAST, WX, IN KING COUNTS,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 11;
THENCE NORTH 89°17'53" WEST/ 683.00 FEET;
THENCE NORTH 00°42'07" EAST/ 995.26 FEET;
THENCE SOUTH 89°17'53" EAST, 760.00 FEET;
TtiENCE SOUTH 00042'07" WEST/ 995.26 FEET;
THENCE NORTH 89017'53" WEST, 77.00 FEET TO THE POINT OF BEGINNING.
LOT SIZE 758/801 SQUARE FEET
EXHIBITS
Conversion Area
TAX LOTS: 1122049015
1122049083
THAT PORTION OF GOVERNMENT LOT 2, SECTION 11, TOWNSHIP 22 NORTH, RANGE 4
EAST, WM, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 11, FROM WHICH THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER
BEARS NOO°48'13"E 2652.28 FEET; THENCE ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER N89fll7'40"W 1313.40 FEET TO THE SOUTHEAST CORNER OF
THE WEST HALF OF SAfD NORTHEAST QUARTER; THENCE ALONG THE EAST LINE OF
SAID WEST HALF NOO°54154"E 995.28 FEET; THENCE N89°17140"W 1440.02 FEET TO THE
SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO EARL M. MCLAUGHLIN.
ET UX, BY DEED RECORDED UNDER RECORDING NO. 5059977; THENCE CONTINUING
N89<)17'40"W 473.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
N89°17'40"W 397.20 FEET; THENCE S07°23'10"W 94.97 FEET; THENCE S14°40'27"W 77.98
FEET; THENCE S89°17'40"E 318.34 FEET; THENCE N42°28'38"E 26.82 FEET; THENCE
S89C117'40"E 44.67 FEET; THENCE S21°13)20"E 129.78 FEET; THENCE N02<>08'25f)E 28.46
FEET TO THE POINT OF BEGINNING.
CONTAINING 64,737 SQUARE FEET, MORE OR LESS.
(BEING KNOWN AS A PORTION OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-91-3,
RECORDED UNDER RECORDING NO. 9101231064)