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Home My WebLink AboutPK18-143 - Other - Glenn Ransom - Replacement Property Deed of Right: Upper Mill Creek - 09/10/2020 Sup/Mgr: TJ .40. . Agreement Routing Form Dir Asst: ?....- Dir/Dep: 40------ • For Approvals,Signatures and Records Management \4400000,11. io,rn c[j;ribine-i 0 replaces thr=ir.krieyr Eor Mayor s tricasarrve r:Incl Contract Cocre,cr':;neet fort-, wK„sEHINNGTOTN (Drnt en pink.nr cherry roioced paper) , •C -: • Department: Lynn Osborn for Bryan Higgins Parks, Recreation & Community Services Date Sent: Date Required: MI > 08/26/2020 Soonest possible please. 0 3. 0. A Jt 10i 1,±itd to Sigii: r'','are at(,_ourici:Aoprovai O. ei:C 0 Director or Designee 0 iiiti..i - 08/18/2020 Budget Account Number Grant? 0 Yes 0 No N/A Budget? Eres EJ NI) Type. State Vendor Name: Category: WA Recreation & Conservation Office G . Vendor Number Sub Category 39092 . c ()finer _ 0 ..---. Project Name: Replacement Property Deed of Right for Ransom Property fa E o Proiect Places public outdoor recreation use restrictions on the Ransom Property(parcel 292205-9211)at Upper Mill Details: C Creek. Said restrictions formerly applied to a portion of and at Morrill Meadows which was originally acquired — 40 wth RCO grant funds then subsequently conveyed to the Kent YMCA as part of their development agmt. C au E Agreement Amount. $ 0.00 Basis for Selection of Contractoi Other ai a) 3... Start Date: upon signature& recording Termination Date: perpetual cn ct Local Business? 0 Yes 0 No* 'If meets rep iirernent s per KCC 3 70 100,please complete"Vendor Purchose-local brception 5"form on Crry5pric: Ncru,:.e requIreci prior to OiSCIOSUre? Contiact Number. OYes 0 No Ft< ( B -1143 D...rttii.8 D Common ro Jr) z':, 01 OK to sign. 9/10/2020. c 7.7 = ...... 0 r CC 3 (1) as N cc 40 KENT LAW DEPT cm Date Routed to the Mayor's Office: q/I 0 i 0 \:,..._,/ iDate Routed to the City Clerk's Orfice: lilt 1,..0 • visit Documents.KentWA.gov to obtain copies of all agreements KENT WASH 4 4 G T C% DATE: August 18, 2020 TO: Kent City Council SUBJECT: RCO Grant Conversion for YMCA Replacement Property — Approve MOTION: Authorize the Mayor to sign a Replacement Property Deed of Right in favor of the Washington Recreation and Conservation Office to secure the "Ransom Property" as replacement property to offset the necessary conversion that occurred to a portion of Morrill Meadows Park in support of the City's joint development project with the YMCA, and to take all actions and sign all documents necessary to complete the conversion process, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The Kent City Council authorized the acquisition of the 3-acre Ransom property (King County parcel number 292205-9211) on March 6, 2018. The property was then acquired by the Parks Department in April of 2018 for $890,000. Prior to purchase, Parks staff had identified the Ransom property as replacement property that would be used to offset land within Morrill Meadows Park that would be converted to support the City's joint development project with the YMCA. Years earlier, the City used RCO grant funds to acquire land that ultimately became part of Morrill Meadows Park, portions of which were also previously known as East Hills Park: RCO Grant #91-170 (Martin parcel), RCW Grant #97-036 (Morrill parcel), and RCO Grant #02-1175 (Backhaus parcel). When RCO grant funds are used to acquire or develop land, RCO requires that property be restricted from development and the use reserved for open space purposes. Those restrictions are imposed through a Deed of Right, which is recorded and appears as an encumbrance against the property's title to secure the state's investment in the property. When the property's use changes, RCO grant funds either need to be reimbursed, or additional land acquired ("replacement property") and the use restrictions transferred to that replacement property. The attached Replacement Property Deed of Right will place the use restrictions from the Martin parcel, Morrill parcel, and Backhaus p Property. Once the Replacement Property Deed of Right iscreco dedtaganststhe Ransom Property, the prior Deeds of Right currently recorded against the Morrill Meadows Parks property, including the portion of property transferred to the YMCA Packet Pg. 140 Upon Recording, Please Return To: Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504-0917 Attn: Myra Barker REPLACEMENT PROPERTY DEED OF RIGHT TO USE LAND FOR PUBLIC OUTDOOR RECREATION PURPOSES Ransom Property Grantor: City of Kent Grantee: STATE OF WASHINGTON, acting by and through the WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE, including any successor agencies Abbreviated Legal Description: Ptn. NW1/4, SW1/4, STR 29-22-SE (More particularly described in Exhibit"A" (Legal Description) and as depicted in Exhibit"B" (Property Map)), Assessor's Property Tax Parcel Number(s): 292205-9211 Reference Numbers of Related Documents: The Grantor grants this Replacement Property Deed of Right to Use Land for Public Outdoor Recreation Purposes (the"Deed") for and in consideration of monies coming in whole or in part Page 1 of 7 0 from the Outdoor Recreation Account, Washington Wildlife and Recreation Program. Such grants are made pursuant to the Project Agreements entered into between the Grantor and the Grantee entitled East Hill Neighborhood Park, Project Number 91-170, signed by the Grantor on the 6th day of August, 1991 and the Grantee the 22nd day of July 1991 (the"Project Agreement"); East Hill Park Expansion, Project Number 97-036, signed by the Grantor on the 17th day of June 1997 and the Grantee the 30th day of April 1997 (the"Project Agreement"); and Morrill Meadows East Hill Park Connection, Project Number 02-1175, signed by the Grantor on the 17th day of October 2003 and the Grantee the 15th day of August 2003 (the"Project Agreement"); and supporting materials which are on file with the Grantor and the Grantee in connection with the Project Agreements. The Grantor hereby conveys and grants to the Grantee as the representative of the people of the State, the right to enforce the following duties: 1. The Grantor shall take such reasonable and feasible measures as are necessary to protect the replacement property, as approved by the Grantee for a conversion at East Hill Morrill Meadows Park, and as described in Exhibit A (Legal Description) and depicted in Exhibit B (Property Map) (the"Property") for park purposes, consistent with the Project Agreements, so as to provide public access to outdoor recreation opportunities in perpetuity and protect public outdoor recreation and park resources. 2. The Grantor shall allow public access to the Property as provided in the Project Agreements. Such access shall be subject to the restrictions allowed under the Project Agreements,by written agreement with the Grantee, or under state law. This provision is not intended to prevent reasonable access or use restrictions that are necessary for safe and effective management of the Property consistent with outdoor recreation purposes and the Project Agreements. 3. The Grantor shall provide access to the Grantee to inspect the Property for compliance with the terms of this Deed and the Project Agreements to which the Grantor is a signatory. Such access shall be subject to the restrictions, if any, allowed under the Project Agreements, by written agreement with the Grantee, or under state law. The Grantor warrants it has and shall maintain the legal right and means to reach the Property. 4. Without the prior written consent of the Grantee or its successors, through an amendment to the Project Agreements or the process set forth below, the Grantor shall not use or allow any use of the Property (including any part of it) that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreements. The Grantor shall also not grant or suffer the creation of any property interest that is inconsistent with the recreation purposes herein granted and as stated in the Project Agreements. Page 2 of 7 Grantee's consent to an inconsistent use or property interest under this Deed shall be granted only to the extent permitted by law and upon the following three conditions, which ensure the substitution of other eligible land. The conditions are: (1) the substitute recreation land must be of reasonably equivalent usefulness and location for the public outdoor recreation purposes as the Property prior to any inconsistent use; (2) the substitute recreation land must be of at least equal fair market value to the Property at the time of Grantee's consent to the inconsistent use; and (3) the fair market value of the Property at the time of the Grantee's consent to the inconsistent use shall not take into consideration any encumbrances imposed on or alterations made to that land as a result of the original state grants and other grants if such encumbrances or alterations reduce the value of the Property from what it would be without them. For purposes of this Deed the Project Agreements include any amendments thereto that occur prior or subsequent to the execution of this Deed. This Deed contains covenants running with the land and shall be binding upon the Grantor, its successors and assigns, and upon any person acquiring the Property, or any portion thereof, or any interest therein, including a leasehold interest, whether by operation of law or otherwise. If the Grantor sells all or any portion of its interest, the new owner of the Property or any portion thereof(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be subject to applicable covenants and requirements under the Deed. This Deed may not be removed or altered from the Property unless specific approval has been granted by the Washington State Recreation and Conservation Office and/or the Washington State Recreation and Conservation Funding Board or its successors. The Washington State Recreation and Conservation Office and the Washington State Recreation and Conservation Funding Board and/or its successors shall each have a separate and independent right to enforce the terms of this Deed. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW Page 3 of 7 GRANTOR: City of Kent,---- �J� � By: 'JJ Name: Dana Kai to i Title: Mayor r Dated this Ir--day of 54 tJe , 20 2 L STATE OF WASHINGTON ) ) ss COUNTY OF •Wl ) I certify that I know or have satisfactory evidence that baf1L 12i ph is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute he instrument a d a knowledge it as the ma or for the Grantor, CA'� 0 F [ ( and to be the free-end voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ' 1 bex to _ o_�,EY A M �II�t O g 0 . } y Si nee % 120137 Notary Public in and for the State of Washington, *,,,,<< 6�/B‘ �,,��,`O residing in4 1 "iii, Op wAs\';�,•`` My commission expires n(0 '03 REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGE FOLLOWS Page 4 of 7 0 , GRANTEE: STATE OF WASHINGTON, acting by and through THE WASHINGTON STATE RECREATION AND CONSERVATION FUNDING BOARD, administered by the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE By: / ' ` Name: Scott T. Robinson Title: Deputy Director Dated this /9 day of /��ileif 202d STATE OF WASHINGTON ) ) ss COUNTY OF ALAAA i vY ) I certify that I know or have satisfactory evidence that S Ca ` . VIUVI is the person who appeared before me, and said person acknowledged that they signed this instrument oath statedlkat they ere authorized to execute the instrument and acknowledge it as the (Vf� for the Recreation and Conservation Office and to be the free and voluntary ac of such party for the uses and purposes mentioned in the instrument. Dated: al 9 ho Signed: V)A144)1)0\bjd4 Notary Public in and for the State of Washington, abilb� F residing ineat .�......R47ti My commission expires 9 -2-( - AR% ••tve, • PUB000 e •11,, WA oi"� Page 5 of 7 lf� EXHIBIT A Legal Description The East 3 Acres of the West 6 Acres of the following described property: The North Three- Quarters of the Northwest quarter of the Southwest quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington; Except the North 595 feet; And Except the South 30 feet conveyed to King County for Road by deed recorded under Recording No. 5323915. Situate in the County of King, State of Washington. Page 6 of 7 %? EXHIBIT B Property Map RCO#91-170, RCO #97-036, RCO#02-1175 City of Kent March 9, 2020 :/)// ' CtA.71O3AvSE C'N'___J c„, 0$/#41# _-- „_____________,___ S 265 PI i ; ,,o f, r- \_______--- j , 0 1 0#A 0,i/e '1 Air'AP N' \ "'6 y 5 767 St--C\ k ‘..,,_, =M. �,:.,...SE 257 St `......,, r 0 100 200 400 600 mm I Feet N 0 Ransom Property A '/, Mill Creek Canyon Park WI Right of Way 1 Page 7 of 7 11:-P