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Home My WebLink AboutAD10-160 - Original - Regional Fire Authority (RFA) - Sale of Station 73 - 06/30/2010 REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY AND THE CITY OF KENT FOR "STATION 73" This Agreement is entered between the KENT FIRE DEPARTMENT REGIONA€. FIRE AUTHORITY (RFA), a Washington municipal corporation, whose mailing address is 24611 116th Avenue S.E., Kent, Washington 98030 ("Buyer"), and the CITY OF KENT, a Washington municipal corporation, whose mailing address is 220 4th Avenue South, Kent, Washington, 98032-5895, ("Seller"), Washington, for the sale and purchase of real property as follows: 1. PROPERTY. The property, Including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, Is known as King County tax parcel number 2722049014, located at 26512 Military Road South, Kent, Washington, 98032, and legally described in Exhibit A, attached and incorporated by this reference (the "Property") (Buyer and Seller 4 authorize Closing Agent to correct, over their signatures, the legal description of the property). A map indicating the location of the Property is also attached as Exhibit B, Incorporated by this reference. 2. PURCHASE PRICE. The total purchase price for the Property Is one dollar and other valuable consideration payable on Closing. 3. CONTINGENCIES. This agreement Is contingent upon: (a) Acceptance of its terms by the Kent City Council (b) Acceptance of its terms by the RFA Governing Board (c) Buyer's review and approval of the title report on the Property prior to Closing (d) Approval of a lot line adjustment that causes the forested area - east of Fire Station 73 within tax parcel number 2722049014 to become part of tax parcel number 2722049086 containing the City's Glenn Nelson Park. The lot line adjustment is depicted in Exhibit C attached and incorporated by this reference. Real Estate Purchase and Sale Agreement Page 1 of 13 2010 Station 73 Should any of these contingencies set forth above not be met or removed prior to Closing or the earlier date specified, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder. 4. CONVEYANCE AND CONDITION OF TITLE. The title to the Property shall be conveyed by Seller to Buyer at Closing by Quit Claim Deed (Deed) including after acquired title, which shall include a reversionary interest for the Seller and reserve an easement for Seller, both as provided below: (a) Buyer and Seller acknowledge that the reason the purchase price for the Property is substantially less than fair market value is in consideration of Seller conveying a determinable fee estate to Buyer. Buyer expressly accepts the reduced purchase price in exchange for the limitation on unrestricted use of the Property. This substantially reduced purchase price in exchange for a reversionary Interest was contemplated and negotiated by the parties during the planning and Inception of the RFA. See Regional Fire Authority Plan, Section 7, adopted November 4, 2009 and revised December 8, 2009. The parties acknowledge that the purpose of the limitation on use is a legitimate interest in the Property continuing to serve the public safety purpose for which it was purchased. The Deed shall include the following: Grantee shall have and hold said Property only so long as the same shall be allocated for the uses of a regional fire authority, it is the Intent of the Grantor to vest the Grantee an estate in determinable fee simple in the Property which shall automatically terminate upon allocation of the Property for any purpose other than those herein described. (b) The Deed shall reserve for Seller an easement for ingress, egress, utilities, and drainage purposes as legally described in Exhibit D for the benefit of the Seller's real property legally described in Exhibit E. Real Estate Purchase and Safe Agreement Page 2 of 13 2010 Station 73 S. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title, 116 Washington Avenue North, Kent, Washington, 98032, to issue standard coverage owner's policy of title insurance to Buyer in an amount equal to the tax assessed value of the Property. The cost of the title insurance shall be paid by Buyer at Closing. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved in federal patents or state deeds, building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date, unless, Buyer elects to waive such defects or encumbrances, this Agreement shall terminate. 6. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be paid by Buyer, except those fees that are expressly limited by Federal Regulation. Seller shall pay for all applicable revenue stamps and excise tax. Taxes for the current year, interest, water and other utility charges, if any, shall be ' pro-rated as of date of Closing unless otherwise agreed. 7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before August 31, 2010, which shall also be the termination date of the Agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Pacific Northwest Title, 116 Washington Avenue North, Kent, Washington, 98032, all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that ail documents are executed and the sale proceeds are, available for disbursement to the Seller ("Closing"). S. CASUALTY LOSS. If prior to Closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. Real Estate Purchase and Sale Agreement Page 3 of 13 2010 Station 73 9. POSSESSION. Buyer shall be entitled to possession on Closing. 10. SELLER DISCLOSURE; BUYER PURCHASING THE PROPERTY "AS IS." The Property is being sold and purchased in "as is, where is condition without representations and warranties" expressed or implied. Buyer acknowledges that they are not relying on any Seller representations, statements, guarantees or warranties of any kind including, without limitation, the physical condition of the property and any improvements located thereon, or their suitability for any particular purpose or of merchantability. Buyer shall rely on its own investigations of the Property in determining whether to acquire it. The provisions of this paragraph are a material part of the consideration for Seller entering into this Agreement, and shall survive Closing. 11. DEFAULT AND ATTORNEY'S FEES. If Buyer or Seller default hereunder, both parties shall have all the rights and remedies available at law or in equity. In the event of litigation to enforce any of the terms or provisions herein, each party will pay its own costs and attorney fees. 12. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the Deed, and shall survive the Closing and continue in full force and effect. 13. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: CITY OF KENT John Hodgson Chief Administrative Officer 220 Fourth Avenue South Kent, WA 98032-5895 (253)856-5710 Telephone (253)856-6700 Facsimile Real Estate Purchase and Sale Agreement Page 4 of 13 2010 Station 73 (b) All notices to be given to Seller shall be addressed as follows: KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY Pat Pawlak Division Chief Administrative Support Services 24611 116thAvenue S.E. Kent, WA 98030 (253)856-4300 Telephone (253)856-6300 Facsimile Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 14. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between Seller and Buyer. There have been no verbal or other agreements that modify this Agreement. 15. BINDING EFFECT AND SURVIVIAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns. 16. DATE OF MUTUAL ACCEPTANCE. For the purpose of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. fi Real Estate Purchase and Sale Agreement Page 5 of 13 2010 Station 73 SELLER BUYER CITY OF KENT KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY sy: sy. Pr'r1 Suzette Cooke Print Name: -,ak k16 113QW , Mayor Its: Ake C1414rr Date: /o Date: 0® - d y- 10 APPROVED AS TO FORM: APPROVED AS TO FORM: By: Kent Law Department Brian Snure Legal Counsel for Kent Fire Department Regional Fire Authority P:\Qvd\Files\open F1tes\1421-Regional Ere Authority\P&S,Leases\PuvchaseAndSafeStation73CompleteWithExhibitsFlNALdocx Real Estate Purchase and Sale Agreement Page 6 of 13 2010 Station 73 Exhibit A Fire Station 73 That portion of the northwest quarter of the northwest quarter of the southwest quarter of Section 27, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the west quarter corner of said Section 27; thence S01000'12"W, along the west fine of said southwest quarter, 656.13 feet to the southwest corner of the northwest quarter of the northwest quarter of the southwest quarter of said Section 27; thence S89115'54"E, along the south line of said subdivision, 30.00 feet to the east line of the west 30.00 feet of said subdivision and the TRUE POINT OF BEGINNING; thence continuing S89015'54"E, along said south line, 330.00 feet to the east line of the west 360.00 feet of said subdivision; thence N01100'12"E, along said east line, 345.97 feet to the south line of the north 310.00 feet of said subdivision; thence N89014'22"W, along said south line, 120.00 feet to the east line of the west 240.00 feet of said subdivision; thence N01000'12"E, along said east line, 20.00 feet to the south line of the north 290.00 feet of said subdivision; thence S89014'22"E, along said south line, 120.00 feet to the east line of the west 360.00 feet of said subdivision; thence N01000112"E, along said east line, 70.00 feet to the south line of the north 220.00 feet of said subdivision; thence S89014'22"E, along said south line, 210.00 feet to the east line of the west 570.00 feet of said subdivision; thence N01000'12"E, along said east line, 0.09 feet to the southwesterly right of way margin of Hampton Way, said point being on a 264.53 foot radius circular curve to the right, from which point the center of said curve bears N28024'35"E; thence northwesterly, along said curve, through a central angle of 421107'06", an arc distance of 194.46 feet to a point of reverse curvature and the beginning of a 20.00 foot radius circular curve to the left; thence northwesterly, along said curve, through a central angle of 69013'5111, an arc distance of 24.17 feet to the southerly right of way margin of South 264th Street; thence N88042'10"W, along said southerly margin, 380.32 feet to the east line of the west 45.00 feet of said subdivision; thence S01000'12"W, along said east line, 595.69 feet to the TRUE POINT OF BEGINNING. EXCEPT that portion conveyed to the City of Kent as described in Recording Number 20100706000372. Real Estate Purchase and Sale Agreement Page 7 of 13 2010 Station 73 Exhlbit 3 Station 73 NW 14 SW k 27-22-4E `1 'N?.k Y I =[ a n nb w • YV N� GI K 1 L'I I 1 i Real Estate Purchase and Sale Agreement Page 8 of 13 2010 ` Station 73 l EI r'�-j'��{'.�:-:"��[['' .s 1y`�" ��._1�._f."ice-i`�+'.t�,v ..Y�,�+�C .�r'YIv,�� S' � '� t e.�y✓.�$• iT i�. rM yv'T`3_:^.�"�,l„a1.,,��d •''t-.ycilcatr+'t�s ti"Gx��t ms..'�i-�,c ..,its"a+'E4^.aas''.�t.em��Fu ta' �_.cri"�'t i� t'nS�1It oma- ' ��ts-�.-is`'3j7'�'sij�-`FF x Y �y-rtJ7A3L'-?; .i• �£-T s=?I{1tP--�_� .. t ? MEMO, za J !� cwm35 � z }1- MWYNNN n. IN a} rr ,ys a gill No 2 [>�'"� Fy`"�'aS �``iFt `�g`'S4•..,,�P'C(ry�y�-�' x._' If 1^ L1 lif f? s1cy, `" � jl ,y }Y .yi I i 4 c�fE 11�1✓iAP dy !£ � {�1t,�,.`X,'' r Y` I'.�E'`a S ?"�s�+r..a .U.�rps"i £j 'ti 't� "�I.i;` 1"e' ( i IL i"C 'k �Y 3 t s L ✓-.tY�y','d'de-. 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'"' '��ie•'.- 6 R'. �;a� " �' 4 f'i�Y z -. ;:}E��i�q}ja �.��i b a'�is S+f„l,F,�•4,� v��s'-� - � �` ov ✓ a At 3•t�.-y. 'a l9 4rts� 3® - +-- _ .��rt� � � `a rye ail ixr'�'¢.Gn� �.F �}� �a•�jiK2+�a�k§.,� _ �7, V ✓.t sys,�a��r"s ?�t e rt u'b<'.tfi `N`x .ems '_-IRI MA `> —4, .ts Pak A = lea-ME .( � 1`- G, #z-1tN-14 .3, ay _ r • . 1 1 Station 73 Exhibit D Page 1 of 2 That portion of the northwest quarter of the northwest quarter of the southwest quarter of Section 27, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows; Commencing at the west quarter corner of said Section 27; thence S01000'12"W, along the west line of the southwest quarter of said Section 27, a distance of 60.00 feet; thence S88042'10"E 45.00 feet to the east line of the west 45.00 feet of said subdivision and to a point on the south right of way margin of South 264th Street; thence continuing S88042'10"E, along said south right of way margin, 25.13 feet to a point of tangency with a 25.00 foot radius circular curve to the left and the TRUE POINT OF BEGINNING; thence southwesterly, along said curve, through a central angle of 77027'41", an arc distance of 33.80 feet to the south line of the north 80.00 feet of said subdivision; thence S89014'22"E, along said south line, 124.38 feet to the east line of the west 170.00 feet of said subdivision; thence S01000'12"W, along said east line, 230.00 feet to the south line of the north 310.00 feet of said subdivision; thence S89014'22"E, along said south line, 70.00 feet to the east line of the west 240.00 feet of said subdivision; thence N01000'12"E, along said east line, 20.00 feet to the south line of the north 290.00 feet of said subdivision; thence S89014'22"E, along said south line, 120.00 feet to the east line of the west 360.00 feet of said subdivision; thence N01000'12"E, along said east line, 40.00 feet to the south line of the north 250.00 feet of said subdivision; thence N89014'22"W, along said south line, 130.00 feet to the east line of the west 230.00 feet of said subdivision; thence N01000'12"E, along said east line, 187.85 feet to the south right of way margin of South 264th Street; thence N88042'10"W, along said south margin, 159.87 feet to the TRUE POINT OF BEGINNING; Together with a 10.00 foot wide strip of land having 5.00 feet on each side of the following described centerline: Commencing at the west quarter corner of said Section 27; thence S01000'12"W, i along the west line of the southwest quarter of said Section 27, a distance of 261.23 feet; thence S84009'58"E 45.16 feet to the east line of the west 45.00 feet of said subdivision and the TRUE POINT OF BEGINNING of the herein described centerline; thence continuing S84109'58"E 125.45 feet to the east line of the west 170.00 feet of said subdivision and the terminus of the herein described centerline; The side lines of said strip shall be extended or shortened, as required, to intersect the called subdivision lines. Real Estate Purchase and Sale Agreement Page 11 of 13 2010 Station 73 Station 73 Exhibit D Page 2 L-- ST 114 SEC.27 _ _ _ S 89°14'22"E 0 S 24TH SF 6 _ S 8S°d2'10"E 45' 25.13' rTRUE POINT OF 13—• / BEGINNING m. SOUTH t NE NORTH 80' I•I;'• '•,"' I SOUTH FLIGHT OF WAYMARGN ! ! ,•�. .� OF S 264TH S7 zb 9. -ja41 SOUTH LINE 1 L10 >j, �; :' .:: � NORTH2,9a L L7.1• .. ,S. EAST LINE; r •.,'ry '_ EPST LINE �I T SOUTH LINE r 1 WIEST380' `( YVEST 24Q • ' 'I NORTH 280'. `L11' 1 ( t , a Lb SOUTH LINII o I TRUE POINT OF NORTH Sip' r�.il N I BEGINNING �(�,�01 TIN ° 61 --I IT PROPOSED RIGHT OF s3 q WAY DEDICATION ! LINE TABLE I I Li- 8 89°14'22"E-124,36 L2- S WWI RV-230.DY 1-3- S 89°1422"E-70.00' L4- NOV002"E-20,00' LS- S E901422"E-120.00' LEGEND CURVE TA13LE L6- N 011'00'1T E-40.00' EASEMENT AREA C1- L 33.80' L7- N 89°1472 W-130 00 E`Z3 EASEMENT SO FT. r1 7T°27'd1N L8- N O4 00'12"E-187.65 R 5 77*27 L9- N 88"42'10"W-169.07' 1-10- S 84°0958"E-45.1& L11- S 84'09'68"E-126,46 LOCATED IN THE:NW 1A NW i/4 SW EASEMENT AT FIRE 114 0--SEC 27,TOWNSHIP 22 N. STATION 73 RANGE 4E,W.N. '�° DRAWN BY: TLM 1 *80 REF:REGIONAL FIRE AUTHORITY CITY OFKENT SCALE:LAND SURVEYDEPARTMENT DATE: 7/0V2010 Real Estate Purchase and Sale Agreement Page 12 of 13 2010 Station 73 Exhibit E. Station 73 "Seller's Parcel Benefitting from Easement" That portion of the southwest quarter of Section 27, Township 22 North, Range 4 East, W.M., described as follows: The south 20 feet of the north 310 feet of the west 120 feet of the west 360 feet; ALSO the south 250 feet of the north 470 feet of the east 210 feet of the west 570 feet, EXCEPT a portion described as follows: Beginning at the northeast corner of said tract; thence south along the east line of said tract 140 feet to point of beginning; thence south along said line 110 feet; thence west along the south line of said tract 65 feet; thence northeasterly to true point of beginning. Real Estate Purchase and Sale Agreement Page 13 of 13 2010 Station 73