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HomeMy WebLinkAboutCAG2023-628 - Original - Copper Creek Homeowners Association - Bridges Deannexation: Quit Claim Deed Sensitive Area Tracts Conveyance - 12/12/2023 1 i wr RLIV 1 VrrItJML VJG wimL.I Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: 11� KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Matt Gilbert ECD _ Date Sent: Date Required: f° 12/11/2023 12/16/2023 0 s' Mayor or Designee to Sign. Date of Council Approval: O. a Q Interlocal Agreement Uploaded to Website 11/28/2023 Budget Account Number: Grant? Yes NOR] Budget?❑Yes R✓ No Type: N/A Vendor Name: Category: Copper Creek (Auburn) Homowners Association Grant: Real Property Vendor Number: Sub-Category: c Original 0 P Project Name: Bridges Deannexation — Sensitive Area Tracts Conveyance oProject Details: Transferring tracts B,I, Y and TT of the Bridges PUD to Copper = Creek (Auburn) Homeowners Assocation Ic Basis for Selection of Contractor: Agreement 0 *Memo to Mayor must be attached Direct Negotiation L. Start Date: Termination Date: n/a Im Q Local Business?❑Yes[—&/]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification: Yes ElIn-Process❑✓ Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number: ®Yes ✓❑No C,� aaD2 3 Comments: 1A Quit Claim Deed will complete transfer of wetland properties prior to the i 1/1/2024 effective date of the annexation, as required by Kent's ILA with a Cn Auburn. C c as :P 3 0 Real Estate Excise Tax Affidavit is �equi to accomp he Quit Claim •� fir.=-Dead.;�� _ fnt to Rece&gd:Ci Attorney: Z ate Routed:Mayor's Office O � City Clerk's Office A;°wr t PST; isit Documents.KentWA. ov to obtain copies of all agreements adccW22373_1_20 g p g rev.20221201 Instrument Number:20231228000422 Document:QCD Rec: S206.50 Page-1 of 4 Excise Docs:3265601 Selling Price: S0.00 Tax Amount: S10.00 Record Date:12/28/2023 2:21 PM Electronically Recorded King County,WA WHEN RECORDED RETURN TO: City Clerk City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor:---City of Kent -- rantee® Cog er Creek (Auburn)._Horneowners Association Abbreviated Legal Description:- 8, I, Y, and TT of the E�ridaes Planned lJnit D eloom event Additional Legal Description and Exhibit "A" Assessor's Tax Parcel ID No.: 108562-3810 (Tract a 108562-3830 Tract ID'. 108562_-3870 (Tract Y ; 108562W3920 (Tract TT T a SW-4 Project Name: _ Bridges Deannexa�tion - sensitive Area Tracts Conve)ancQ._____ UIT CLAIM DEED The City of Kent, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, conveys and quit claims to Copper Creek (Auburn) Homeowners Association, ("Grantee"), all its interest, including any after acquired title, in the following described real property parcels, situated in King County, Washington, subject to the reservations set forth herein: TT BRIDGES , ACCORDINGTO THE PLAT THEREOF, RECORDED IN VOLUME245 OF PLATS, PAGES I THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 5 EAST, W.M. I Tracts B, I, Y, and TT are sensitive area tracts within the fridges Planned Unit Development ("Bridges PUD"), created for the purpose of preserving native vegetation, controlling surface water and erosion, maintaining slope stability, s QUIT CLAIM DEED - Page 1 of 4 i s Instrument Number:20231228000422 Document:QCD Rec: $206.50 Page-2 of 4 Record Date:12/28/2023 2:21 PM King County,WA providing visual and aural buffering, and protecting water quality, plant ecology and wildlife habitat. As detailed on the recorded plat, these sensitive area tracts carry the obligation to leave undisturbed all trees and other vegetation within the tract, as well as a limitation that no building foundations, structures, or obstructions are allowed within 15 feet of the boundary of each sensitive area tract. RESERVATIONS This conveyance of Tracts B, I, Y, and TT to Grantee is subject to a reservation by Grantor for public utilities easements with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair of such utilities over, under, through, across and upon each Tract as provided in the plat of the Bridges PUD, recorded in volume 245 of plats, pages 1 through 38, records of King County, Washington, located in the West half of Section 4, Township 21 North, Range 5 East, W.M. This conveyance of Tracts I and Y to Grantee is also subject to a reservation by Grantor of all its rights and privileges provided in the Easement Agreement recorded under King County recording number 20050401001754. Grantor shall have the right to freely assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under the foregoing easements. These easements shall be covenants running with the land, and shall bind all successors, heirs and assigns, and all future owners of the real property affected by these easements. GRANTOR: By: Dana Ralph Its: Manor _ Date: G ANTEE: ' NO(A. By: Its: Date: _- li QUIT CLAIM DEED - Page 2 of 4 I i i i Instrument Number:20231228000422 Document:QCD Rec: $206.50 Page-3 of 4 Record Date:12/28/2023 2:21 PM King County,WA STATE OF WAHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was 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: -Notary Sea/Must Appear Within This Box- IN WIT ,WHEREOF, I have hereunto set my hand and official seal the day and y ',r written. 0 (Signature) - ���° NOTARY PUBLIC, in and for t e - to WASVO � of Washington, residing at My appointment expires .� QUIT CLAIM DEED - Page 3 of 4 I i Instrument Number:20231228000422 Document:QCD Rec: $206.50 Page-4 of 4 Record Date:12/28/2023 2:21 PM King County,WA STATE OF WASHINGTON ) ss. COUNTY OF KING ) T ertif that I k w or have satisfactory evidence at s the person who appeared before me, and said person acknowledged that s signed this instrument, an oath stated that e was authorized to execute the i strum and acknowledged it as the of the Copper Creels (Auburn) Homeowners Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: jq _ -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ��tt�s�v�a�dh gge0116e a f NCTA�y @lt (Signs/ re) NOT Y PUBLIC, in and for the t ��/ LiC of Washington, residing at _ •4' aWrMpg My appointment expires p4 # . (.QUIT CLAIM DEED - Page 4 of 4 Department of ra Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale,indicate% sold. List percentage of ownership acquired next to each name. Name City of Kent Name Copper Creek(Auburn)Homeowners Association Mailing Address 220 4th Ave S W Mailing Address c/o Oakoointe 3025 112th Ave NE.Ste 100 City/state/zip Kent WA m q City/State/zip Bellevue WA 98004 Phone No.(including area code)253.856.5700 Phone No.(including area code)(425)898-2100 Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 108562-3810 ❑ 0 Mailing Address 108569-383Q ❑ 0 City/State/zip 108562-3870 ❑ 0 Phone No.(including area code) 108562-3920 ❑ 0 © Street address of property: N/A:Approximate location is NWC of 124th Ave SE and SE 304th Street Kent WA This property is located in Kent ❑Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) TRACTS B,I,Y,AND TT,BRIDGES,ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 245 OF PLATS,PAGES 1 THROUGH 38,RECORDS OF KING COUNTY,WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 5 EAST,W.M Select Land Use Code(s): List all personal property(tangible and intangible)included in selling 99-Other undeveloped land price. enter any additional codes: n/a (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral under ❑ 0 chapters 84.36,84.37,or 94.38 RCW(nonprofit organization,senior citizen,or disabled person,homeowner with limited income)? If claiming an exemption,list WAC number and reason for exemption: YES NO Is this property designated as forest land per chapter 84.33RCW? ❑ ❑✓ WAC No.(Section/Subsection) 458-61A-205-Governmental transfers Is this property classified as current use(open space,fame and ❑ 0 Reason for exemption agricultural,or timber)land per chapter 84.34 RCW? Is this property receiving special valuation as historical property ❑ 0 The City of Kent is a goverment entity granting real property to the grantee. This transfer is exempt per WAC 458-61A-205(2) per chapter 84.26 RCW? Ifany answers are yes,complete as instructed below. Type of Document Quit Claim Deed (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) NEW OWNER(S):To continue the current designation as forest land or Date of Document classification as current use(open space,farm and agriculture,or timber)land, 0.00 you must sign on(3)below.The county assessor must then determine ifthe Gross Selling Price $ land transferred continues to qualify and will indicate by signing below.If the *Personal Property(deduct) $ land no longer qualifies or you do not wish to continue the designation or Exemption Claimed(deduct) $ classification,it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale.(RCW Taxable Selling Price $ 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Excise Tax:State $ 0.00 your local county assessor for more information. 0.0050 Local $ 0.00 This land []does Q does not qualify for continuance. *Delinquent Interest: State $ Local $ DEPUTY ASSESSOR DATE *Delinquent Penalty $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) 0.00 NEW OWNER(S):To continue special valuation as historic property, Subtotal $ sign(3)below.If the new owner(s)does not wish to continue,all *State Technology Fee $ 5.00 additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee $ (3) OWNER(S)SIGNATURE Total Due $ 10.00 f A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX PRINT NAME *SEE INSTRUCTIONS I CERTIFY UNDER PENAL' OF PER RY THAT THE FOREGOING IS TR WNDCR . Signature of t Signature of Grantor or Grantor's Agent Santee or Grantee's Agent Name(print) Dana Ralph,Mayor,City of Kent Name(print) Brian Ross Authorized Pe son Date&city of signing: / /2023 Kent WA Date&city of signing: C.� Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court ofnot more than five thousand dollars($5 000 00)or by both imprisonment and fine(RCW 9A 20.020(1C)). REV 84 0001a(09/06/17) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURER INSTRUCTIONS Note:To report a transfer of a controlling interest in real property,please use the Real Estate Excise Tax Affidavit Controlling Interest Transfer Return, Revenue Form No.84-0001 B. This form is available online at http://dor.wa.gov. Section 1: Enter the name(s)of seller/grantor.This is the person(s)conveying interest in the property.If sale is less than 100%,check the box"Check if partial sale"and fill in the percentage sold. Section 2: Enter the name(s)ofbuyer/grantee.This is the person(s)receiving interest in the property.List the percentage acquired after each name. Section 3: •Enter the name and address where you would like all future property tax information sent. •Enter the tax parcel number and current assessed value for real and personal property being conveyed.Check the box to indicate personal property. Section 4: •Enter the street address of the property. •Enter the county if in unincorporated area.Enter city name if located within a municipality. •Enter the legal description of the property. Section 5: •Enter the appropriate land use code for the property.Please list all codes that apply on the lines provided in section 5. See WAC 458-53-030(5)for a complete list. • 09-Land with mobile home • 23-Apparel and other finished • 33-Primary metal industries • 74-Recreational activities(golf • 10-Land with new building products made from fabrics, 34-Fabricated metal products courses,etc.) • 1 I-Household,single family units leather,and similar materials 35-Professional scientific and controlling 75-Resorts and group camps • 12-Multiple family residence(2-4 Units)• 24-Lumber and wood products instruments;photographic and optical 80-Water or mineral right (except furniture) goods;watches/clocks manufacturing 81-Agriculture(not in current use) • 13-Multiple family residence(5+Units)• 25-Furniture and fixtures • 14-Residential condominiums 39-Miscellaneous manufacturing 83-Agriculture current use RCW 84.34 • 26-Paper and allied products • 50-Condominiums-other than residential . 86-Marijuana grow operations • 15-Mobile home parks or courts 27-Printingand ublishin • 16-Hotels/motels publishing 53-Retail Trade-general merchandise 87-Sale of Standing Timber • 28-Chemicals 54-Retail Trade-food 88-Forest land designated RCW 84.33 • 17-Institutional Lodging(convalescent , 29-Petroleum refining d related homes,nursing homes,etc.) g an re • 58-Retail trade-eating&drinking 91-Undeveloped Land(land only) industries (restaurants,bars) 94-Open space land RCW 84.34 • 18-All other residential not coded 30-Rubber and miscellaneous • 19-Vacation and cabin -Tenant occupied,commercial properties , 95-Timberland classified RCW 84.34 plastic products 64 64-Repair services • 21-Food and kindred products • 31-Leather and leather products • 96-Improvements on leased land 22-Textile mill• products 65-Professional services(medical,dental,etc.) P 32-Stone,clay and glass products 71-Cultural activities/nature exhibitions Section 6: Indicate whether the property is designated as forest land per chapter 84.33 RCW,classified as current use(open space,farm,agricultural,or timber)per chapter 84.34 RCW,or receiving special valuation as historic property per chapter 84.26 RCW. Section 7: • List personal property included in the selling price of the real property.For example,include tangible(furniture,equipment,etc)and intangible(goodwill,agreement not to compete,etc). • Use Tax is due on personal property purchased without payment of the sales tax.Use Tax may be reported on your Combined Excise Tax Return or a Consumer Use Tax Return,both available at http://dor.wa.gov. • If you are claiming a tax exemption,cite the specific Washington Administrative Code(WAC)number,section and subsection and provide a brief explanation.Most tax exemptions require specific documentation.Refer to the appropriate WAC to determine documentation requirements.Chapter 458-61A WAC is available online at bttp:#dor.wa.gov. • Enter the type of document(quit claim deed,statutory warranty deed,etc.),and date of document(MM/DD/YYYY) • Enter the selling price of the property. • Selling price:For tax purposes,the selling price is the true and fair value of the property conveyed.When property is conveyed in an arm's length transaction between unrelated persons for valuable consideration,there is a presumption that the selling price is equal to the total consideration paid or contracted to be paid,including any indebtedness.Refer to RCW 82.45.030 for more information about selling price. • Deduct the amount of personal property included in the selling price. • Deduct the amount of tax exemption claimed per chapter 458-61A WAC. • Due Date,Interest and Penalties:Tax is due at the time of sale/transfer.If tax is not paid within one month of the date of sale/transfer, interest and penalties will apply.The interest rate is variable and determined per RCW 82.32.050.Delinquent penalties are 5%one month after the due date;10%two months after the due date;and 20%three months after the due date.(RCW 82.45.100) • State Technology Fee:A$5.00 Electronic Technology Fee that is due on all transactions.(82.45,180) • Affidavit Processing Fee:A minimum of$5.00 shall be collected in the form of tax and processing fee.A processing fee is due on all transactions where no tax is due and on all taxable transactions where the tax due is less than$5.00.(RCW 82.45.180) Section 8: Both grantor(seller)and grantee(buyer),or the agent of each,must sign this form,certifying that all the information provided is correct.Note: Original signatures required on the"County Treasurer"copy.Signatures may be required on the"Assessors"copy.Check with your county. Audit: Information you provide on this form is subject to audit by the Department of Revenue.Underpayments of tax will result in the issuance of a tax assessment with interest and penalties.Note:in the event of an audit,it is the taxpayers'responsibility to provide documentation to support the selling price or any exemption claimed.This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100) Ruling requests: You may request a ruling on the taxability of the property transfer.Go to our website at dor.wa.gov/rulings or fax your request to (360)705-6655. Where to send completed forms: Completed forms must be submitted to the County Treasurer's or Recorder's Office where the property is located. For tax assistance,contact your local County Treasurer/Recorder or visit dor.wa.gov/reet.To ask about the availability of this publication in an alternate format for the visually impaired,please call 360-705-6705.Teletype(TTY)users may use the WA Relay Service by calling 711. REV 84 0001 a inst.(09/06/17) 4.A 4 , KENT W A S H I N G T O N DATE: November 28, 2023 TO: Kent City Council SUBJECT: Convey Sensitive Area Tracts at The Bridges — Authorize MOTION: I move to authorize the Mayor to sign a Quit Claim Deed conveying 59.25 acres of sensitive area tracts in The Bridges neighborhood to Copper Creek (Auburn) Homeowners Association, subject to all existing development and land use restrictions of record and final terms acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: Since 2019, representatives from the cities of Kent and Auburn have been working together to allow the City of Auburn to annex The Bridges neighborhood ("the Bridges"). At the time The Bridges was developed through a Planned Unit Development ("PUD"), 59.25 acres of sensitive area tracts were dedicated to the City of Kent. The sensitive area tracts were established to protect wetlands and associated buffers in accordance with the City of Kent's Critical Areas Ordinance in effect at the time The Bridges PUD was originally submitted to the City in 2004. The easement recorded on the face of the PUD contains broad limitations against future development or disturbance of vegetation within these tracts. Although annexation typically transfers ownership of publicly owned tracts to the receiving city, the City of Auburn had advised that it would not accept the sensitive area tracts through annexation. As such, on January 17, 2023, the Kent City Council adopted and declared through Resolution No. 2053 that The Bridges' Sensitive Area Tracts were surplus to the City's needs. Given the significant development and land use restrictions imposed against the Sensitive Area Tracts, and the legal responsibility of the owner to abate any use of those tracts that runs contrary to those restrictions, the Sensitive Area Tracts have little to no independent value. The required wetland protection measures and maintenance responsibilities will not change upon the transfer of the Sensitive Area Tracts to another entity. Instead, the limitations will run with the land and become the obligation of any future owner. To date, only Copper Creek (Auburn) Homeowners Association has expressed an interest in taking on this obligation. Packet Pg. 13 4.A To support the City of Auburn's annexation of the The Bridges, City staff recommends Council transfer the Sensitive Area Tracts at The Bridges to Copper Creek (Auburn) Homeowners Association, conveying with the tracts all development and use restrictions of record. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Evolvina Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Quit Claim Deed - City to Copper Creek HOA (PDF) 11/07/23 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 11/28/2023 5:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Michaud, Troutner Packet Pg. 14