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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: nMimrn 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#: ^e^^^c-e -^; 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» ^^•iL ^ KING COUNTY By: fe4 l^ Af' ^ ^ ^ J^/V^-^ Title: wi.^. T^.yt&^fei O^sgs.r^R g /-z^w^ 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)