The URL can be used to link to this page

Home My WebLink AboutPW11-142 - Other - Lannoye - Replacement Property Deed of Right - 05/21/2020KENT Agreement Routing Form For Approvals, Signatures and Records Management This form combines & .eplaces the Request for Mayor s Signature and Contract Cover Sheet forms. (Print on pink or cheny colored paper) rfm' Hello Please return to the Clerk's Office o^ee the fullg executed document has been received' thank gou, Melissa McCorrnick WASHTNGToN Notice requir: trYes ENo Date Receive mber OK to sign,5l2ll2020, TW e/2slr r' ? oLo.o. Originator: Lynn Osborn for Bryan Higgins Department: Parks Date Sent: s/ te/20 Date Required: Soonest possible please Authorized to Sign: D Director or Designee EI Mayor Date of Council Approval: 91312019 - Resolution #1991 Budget Account Number: P2TAL2 Budget? EYes flNo Grant? OYes E No rype: State co P G ELor- E*.q o EooL Ctt Vendor Name: WA Recreation & Conservation Office Category: Grant. Real Property Vendor Number:Sub-Category: Other Project Name: Morrill Meadows/YMcA - Rco Conversion Replacement Property (Lannoye Property) projectp"lulb.Converting a grant agreement for a grant-funded parcel sold to the YMCA to apply to the acquisitlon of the Lannoye property and reserving it for outdoor recreation. The surplus, transfer and its use as a reolacement for Morr:ill Meadows is authorized nrrrsuanf to Reqolrrtion 1QQ1 drd qt?t1q Agreement Amount: N/A Start Date: Date signed/recorded Basis for Selection of Contractor: Termination Date: PerpetUal Local Business? E Yes E No* *lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace Date Routed cDtr*, =\.o a* o=E,ioc .9tn ad(cwDSll_1_10 Date Routed I agreements PW11-142 Instrument Number: 20200527001421 Document:MISC Rec: $109.50 Page-1 of 7 Record Date:5/27/2020 2:50 PM Electronically Recorded King County, WA 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 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 SW 1/4 of NE 1/4 of STR 21-22-5, W. M. (More particularly described in Exhibit "A" (Legal Description) and as depicted in Exhibit "B" (Property Map)), 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 Instrument Number: 20200527001421 Document:MISC Rec: $109.50 Page-2 of 7 Record Date:5/27/2020 2:50 PM King County, WA 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 6 1h day of August, 1991 and the Grantee the 22 d 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 17 th 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: 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 Instrument Number: 20200527001421 Document:MISC Rec: $109.50 Page-3 of 7 Record Date:5/27/2020 2:50 PM King County, WA 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. Page 3 of 7 Instrument Number: 20200527001421 Record Date:5/27/2020 2:50 PM King GRANTOR: Document:MISC Rec: $109.50 Page-4 of 7 County, WA Title: t- Dated this day of 20 STATE OF WASHINGTON ss COUNTY OF I certify that I know or have satisfactory evidence that -A-?Ad-161A4 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 the instrument and acknowledge it as the for the Grantor, and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Z.--I-#P— Signed: -r kp Notary Public in and for the State of Washington, 7 A residing in My commission expires WAS REMAINDER OF PAGE IS INTENTIONALLY BLANK; ADDITIONAL SIGNATURE PAGI FOLLOWS Page 4 of 7 W] Instrument Number: 20200527001421 ,Record Date:5/27/2020 2:50 PM King Document:MISC Rec: $109.50 Page-5 of 7 County, WA FORMANI" M Title: Deputy Director Dated this-'_ day of 207-0 STATE OF WASHINGTON �A ) ss COUNTY OF I certify that I know or have satisfactory evidence that_.S CC*T, OW&M is the person who appeared before me, and said person acknowledged that they signed this instrum', on oat stet� Vdthhat tbc , were authorized to execute the instrument and acknowledge it as the 0 )It for the Recreation and Conservation Office and to be the free acid vo vinta act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, F64 to residing in woo My commission expires _mmPUB00 0 lot OF W %VA% Page 5 of 7 Instrument Number: 20200527001421 Document:MISC Rec: $109.50 Page-6 of 7 Record Date:5/27/2020 2:50 PM King County, WA EXHIBIT A The East 79.01 feet of the West 173.2 feet of the South 264 feet of the East half of the West half of the Southwest quarter of the Northeast quarter of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion lying South of the North margin of Southeast 248th Street, as established by deed recorded under Recording No. 5845351; The South 264 feet of the East half of the West half of the Southwest quarter of the Northeast quarter of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the West 173.2 feet thereof; AND EXCEPT that portion lying South of the North margin of Southeast 248th Street, as established by deed recorded under Recording No. 5845351; ALSO the East 15 feet of the South 909 feet of the West half of the Southwest quarter of the Northeast quarter of said Section 21; EXCEPT the South 264 feet thereof; ALSO the East 30 feet of the West half of the Southwest quarter of the Northeast quarter of said Section 21; EXCEPT the South 909 feet thereof; Situate in the County of King, State of Washington. Page 6 of 7 Instrument Number: 20200527001421 Document:MISC Rec: $109.50 Page-7 of 7 Record Date:5/27/2020 2:50 PM King County, WA EXHIBIT B Property Map RCO #91-170, RCO #97-036, RCO #02-1175 City of Kent March 9, 2020 0 100 200 400 600 Feet 2122059177 2122059122 ® Clark Lake Park Page 7 of 7