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Home My WebLink About1798Resolution No. 1798 (Amending or Repealing Resolutions) CFN = 1038 -Public Works Dept. Passed-11/18/2008 Surplus Property 2008-Skyline Park RESOLUTION NO. ___._{--'-t--'~-1 __ A RESOLUTION of the City Council of the City of Kent, Washington, determining that certain utility easement rights are surplus to the City's needs, providing for the release of those surplus rights, stating the consideration to be paid for the release, and authorizing the execution of a release of the surplus portions of the easement. RECITALS A. The City of Kent ("City") owns certain easement rights, legally described in Exhibit A to the Partial Release of Easement, attached and incorporated herein as Exhibit 1, portions of which are no longer in use as part of the City's public utility system. B. The City's Public Works Director has determined that the easement rights are surplus to the needs of the City, except for that portion legally described in Exhibit B to Exhibit 1 which describes the interests to be retained by the City. The original and retained interests are shown approximately on the drawing attached as Exhibit C to Exhibit 1. C. The owner of the underlying fee interest in the property subject to the easement has requested that the City release those portions of the easement rights no longer needed by the City. Furthermore, the owner has agreed to provide consideration to the City equal to the fair 1 Surplus Property -2008 Skyline Park market value of the interests released, and the actual costs incurred by the City in the appraisal of the interests. D. RCW 35.94.040 requires that the City determine, after a public hearing and by resolution of the City Council, that certain of the easement rights herein described originally acquired for public utility purposes are surplus to the City's needs and should be leased, sold, or conveyed. E. The City Council held a public hearing on Tuesday, November 18, 2008, at a regularly scheduled City Council meeting and invited comments regarding the City's intention to surplus and release the easement rights as herein described. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Recitals Incoroorated. The foregoing recitals are incorporated and fully made a part of this resolution. SECTION 2. -Easement Rights Deemed Surplus. Portions of the easement rights described in Exhibit 1, which easement rights were originally acquired for public utility purposes, are now surplus to the City's needs and are not required for providing continued public utility service. The original easement is legally described in Exhibit A to Exhibit 1. All interests but the Remaining Easement, legally described in Exhibit B, are surplus. The original and retained easement rights are shown approximately on the drawing, Exhibit C to Exhibit 1. SECTION 3. -Public's Best Interest. It is in the public's best interest that the surplus portion of the easement rights be conveyed in 2 Surplus Property -2008 Skyline Park accordance with Exhibit 1 and that the remaining easement rights described therein be retained for public utility purposes. SECTION 4. -Consideration to be Paid. The consideration to be paid for the surplus portion of the easement rights shall be Fifty-Six Thousand Eight Hundred and Sixty Dollars ($56,860). This consideration includes Fifty-Three Thousand Three Hundred and Sixty Dollars ($53,360) for the interest received, equal to the fair market value of such interests as established by an independent appraisal, and Three Thousand Five Hundred Dollars ($3,500) incurred by the City for appraisal costs. The consideration shall be in U.S. dollars in the form of cash or a cashier's check. SECTION 5. -Authority. The Mayor is authorized to enter into the Partial Release of Easement, in a form substantially similar to that attached and incorporated herein as Exhibit 1, and upon final terms and conditions acceptable to the City Attorney. SECTION 6. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 1~'/ day of ________ , 2008 . ..... /;~ CONCURRED in by the Mayor of the City of Kent this /8 day of 3 SUZEJT!i: COOKE, MAYOR ( / Surplus Property -2008 Skyline Park ATTEST: /} ~><~-,':~7 L,;,',,-;c~ --"'-?~·-,~~--·:,·--:-:~) APPROVED AS TO FORM: ().,V\. r2)ttlr'J Lc~ T M BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. / passed by the City Council of the City of Kent, Washington, the ; (.:' -u~. . " .-J , /, day of ~/ L -l' v·<--i· ~-, -J c:i\ __ ) , 2008. P:\Civll\Resolutlon\SurplusProperty-SkyllnePark.doc 4 BRENDA JACOBER/tiTY CLERK Surplus Property -2008 Skyline Park EXHIBIT 1 AFTER RECORDING RETURN DOCUMENT TO: Property Management City of Kent 220 4th Avenue South Kent, Washington 98032 Reference Number of Related Document: 198306230045 Grantor: Grantee: City of Kent CP II Skyline Park, LLC a Washington limited liability company by CP Investment II REIT, a Maryland Real Estate Investment Trust, its managing member. Abbreviated Legal Description: A portion of Skyline Park, a condominium, VOL. 75, PGE 21-24 lying within a portion of the Southwest Quarter of Section 10, Township 22 North, Range 4 EWM. Assessor's Tax Parcel No.: 780970-0005 PROJECT NAME: Skyline Park Apartments, 22122 35th PIS, Kent PARTIAL RELEASE OF EASEMENT For and in consideration of mutual benefits derived, Grantor does hereby release that certain portion of Sanitary Sewer Easement rights recorded under King County Auditor's File #198306230045 as legally described in Exhibit "A" attached hereto and incorporated herein by this reference, except for such rights to be retained as the dominant estate as are described in Exhibit "B" attached hereto and incorporated herein by this reference. The released and retained interests are shown approximately on the drawing hereto attached and incorporated as Exhibit "C., Release of Easement Skyline Park Page 1 of 2 GRANTOR/RELEASING PARTY: CITY OF KENT By: _____ -,--_____ _ Suzette Cooke Its: Mayor Dated: ___________ _ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared SUZETTE COOKE, to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said limited partnership, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -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. P:\Civii\FIIes\OpenFIIes\1350\EasementRelease-SkyllnePark.doc Release of Easement Skyline Park (Printed Name) NOTARY PUBLIC, in and for the State of Washington residing at _____________ _ My appointment expires ________ _ Page 2 of 2 ~ .. ')11~ llrst ~I' I)' Jl(),•,ll' f~l'l of till' t'<•l lv\olll~ dt''<'l'illl'd J>.'UJICrl)' l)'lntt :iJ}:I<'t•nt In .m,l ln~tt•r•ry of tlu• l.ast '""r-•i11 ut Mllttiii'Y lh>r>.l Smith 11~ tho lllwht-uf•Wuy nvll <hut•, mol'<· )'UI'I iculnrl)' <l<·~n·il•<•d a~ full!>W~I . ,\ JIOI'llOII of tho ~onth'I~St >JII•II'll•o· ll( tl;~ So\IIJI~<·~l IJIIill'l~r olf S<•ctl:•n IU, Tu~nshli• ll ~urlh, Rn11~11 ·I ''"''• ~.~1., 111 ~In~ Count:•, ll'u~llillgtOI• 1 llc,cr lb11<f us f ~J I u~s: Communcing .1t tho South••1SI I.OTIIN or' snld ~o~tlon thon~c N 80° ,\.\'08" 1!, nlonl th~ ~t>uth llno of &nid So(tlon -uo.av• to" po111t on the lla,tsrl)' L1i 1•gln o( ML!Itury nuud Ito '''·'' uut "'"l <'•tuhllsqd, thonco N Ill 4r•'ll:" fi, uion~: >Hid l:u~t<•rly mnr~ln I~O.tol' to tho Tr\IQ l'nlnt ot' ~~>gilllllllf.o lhru~•· /i li\1°~!1 Z\I" ;., Hll.oli'; tlum~a r: Ul"4~'l~" 1', ll.b4'; th~ll<'<' N H~0 .H'U4'' I, ·14(t,•IS'; !hell<'~ N OU0 ~~'.?8'' h. Kll1.Ml 1 : thtJih.'·, S K~JtlolhfJ.S" W, 5.!7,30 1 tu tht:o CCIItt•l'llno or 34th Av•nue Snlltlli th~IU'l' ollunu sniJ \'l'llll>rlll\\' 'U" (nllolilllt b<•llrlllr,;l Mtd ~l~tn::c(•~: S OI"45'J!l" II, I'~· J.'': 'l JS Jlo 1 4b01 H, 2l1J,50'I SIll 41i'J!.l" 11'1 llJII,Ul'; !hCil<'C S Hll 1 4l 1 l5 11 W . •l31l.oll' h> ~~~~~ aforcmcntlollt!d <'o15t(•l'i}' lllar!:JII d( }lll!tiii'Y lt110d, thcnc<' :; 01 4S'l~" W, along sul~ l.uNtl.'rly marjllll, 2!15.0.1 1 to tho 1'ruo l'~lnt ~f ~c~lnn!ng, ,\lso known 115 l.olN 15, Ill, l7 1 lH, ~ll, .lt1 1 .11, .ll, .l.l, .14 Ulhl u pvrt I nil of J.ots 14 und l6, Richards G••and now okr<• 'J'r~~:ts nn u.t• roc<Jrdod plul. .1, EXHIBIT B REMAINING EASEMENT That portion of the southwest quarter of the southwest quarter of Section 10, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southwest corner of said Section 10; thence N89°33'08"E, along the south line thereof, 440.89 feet to the east right of way margin of Military Road, being 60.00 feet in total width; thence N01 °45'29"E 218.62 feet to the TRUE POINT OF BEGINNING of the herein described tract; thence S88°14'31"E 35.00 feet; thence N01 o45'29"E 50.00 feet; thence N88"14'31'W 5.00 feet; thence N01"45'29"E 53.66 feet; thence N89"12'31"E 90.09 feet; thence N01 "45'29"E 20.02 feet; thence S89°12'31 "W 88.91 feet; thence N08°34'40"W 105.45 feet; thence S89°42'25'W 12.27 feet to the east right of way margin of said Military Road; thence S01 °45'29'W, along said east margin, 227.03 feet to the TRUE POINT OF BEGINNING. n.o:;IVI 1"111'11 N G PERMANENT EASEMENT 8,015 sq.ft.-ili--+5 ~ ~ ;: :::::i ~ LEGEND: 1m1 EASEMENT RELEASE AREA SKYLINE PARK T.L. 780970-0005 SEWER EASEMENT RELEASE CITY OF KENT EXHIBIT C ENGINEERING DEPARTMENT