Tract X Agreement, AFN 20200102000850Instrument Number: 20200102000850 Document:AG Rec: $109.50 Page-1
Record Date:1/2/2020 2:09 PM
King County, WA
I
.i20200102000850
AGREEMENT Rec: $109.60
i 1/212020 2:09 PM
KING COUNTY, WA
AFTER RECORDING RETURN TO:
City of Federal Way
Attn: Kevin Peterson, Public Works Department
33325 8th Avenue South
Federal Way, WA 98003-6325
CD
FIRST AMERICANV 1�
In .11
TRACT "X" AGREEMENT
Grantor (s): VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY, LLC, a
Washington limited liability company
Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation
Abbreviated Legal Description: A portion of Lot I 1-C, City of Federal Way BLA #1 I -I 03696-00-SU
Assessor's Tax Parcel ID#(s): 302104-9024
1. RECITALS A**
1. VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY, LLC, a
Washington limited liability company (the "Grantor"), is the owner of property located in Federal
Way, Washington and Iegally described in Exhibit "A' attached hereto and incorporated herein by this
reference (the "Property"). Grantor has applied for site plan approval needed to build senior housing
facilities (the "Project") on the Property; and
2. THE CITY OF FEDERAL WAY, a Washington municipal corporation (the "City"), has
determined that a future road, shown in the Federal Way Comprehensive Plan as 1st Avenue South,
shall be constructed and that right-of-way across the eastern portion of the Property will be needed for
this road; and
3. In return for the City's approval of the Project, to avoid the need for Grantor to construct
improvements at this time, and to ensure that cumulative traffic impacts of the Project will be
adequately mitigated, the Grantor covenants and agrees as follows:
11. COVENANTS, CONDITIONS, AND RESTRICTIONS
1. Designation of Tract "X." Grantor hereby designates Tract "X" on the Property, as
legally described on Exhibit "A" and depicted on Exhibit "A-l" attached hereto and incorporated
herein by this reference.
2. A Bement to Dedicate Tract 'X" Grantor hereby covenants and agrees, for itself, its
successors, grantees, and assigns, to dedicate Tract "X" to the City ,of Federal Way for right-of-way
and street purposes at such time as the City determines in its discretion that Tract "X" is needed for
these purposes. A Statutory Warranty Deed in a form acceptable to the City, and conveying Tract "X"
to the City shall be executed by the Grantor, its successors, grantees, or assigns, and shall be delivered
to the City upon demand. The Statutory Warranty Deed shall convey title subject to taxes and
assessments not yet due.
RECORDING REQUESTED BY
FIRST A-14ERICAN TITLE COMP'My
AS AN 14CGOk*A00A t,—X 1 ONLY
Instrument Number: 20200102000850 Document:AG Rec: $109.50 Page-2
Record Date:1/2/2020 2:09 PM King County, WA
3. Encroachment into Tract' X."
3.1 No structures currently encroach into Tract "X." There shall be no
encroachment into "Tract X" by any structure.
3.2 The parties recognize that the Grantor has installed utilities and may
install utilities in the future to serve the Project. Some of these utilities are or may, in
the future, be located in the Tract "X," The Grantor covenants and agrees for itself, its
successors, grantees and assigns to remove or relocate any of said utilities that the
City determines interfere with the construction of City road improvements within the
Tract' X."
4. Agreement to Participate in and Not Oppose LID. For a period not to exceed ten (I 0)
years from the date of this Agreement, Grantor covenants and agrees, for itself, its successors,
grantees, and assigns, to participate in, and not oppose, protest, or challenge, the formation of a Local
Improvement District ("LID"), or the approval and execution of a Latecomers' Agreement under
Chapter 18.65 FWRC and RCW 35.72.010—.050, for construction of any road or street improvement
project approved by the City and designed to improve all or part of Tract "X." Timing of the
formation, execution or approval of said LID, Latecomers' Agreement, or other road or street
improvement project shall be determined by the City of Federal Way, in its sole discretion. To the
extent permitted by state law, the City shall reduce the assessment to the Grantor for the value of the
Tract "X" dedication.
5. Utility Easement. Grantor conveys and warrants to the City a nonexclusive perpetual
easement over, under, along, across, and through Tract "X" to construct, operate, maintain, repair,
replace, improve, remove, enlarge, and use for one or more utility systems. At such time Tract "X" is
dedicated to the City, the rights granted herein affecting Tract "X" shall automatically terminate.
6. Amendment of Covenants Conditions and Restrictions, Grantor covenants and
agrees that this Agreement may be amended- only with the proper written consent and agreement of
both Grantor and the City, and that Grantor shall take no action that would limit or otherwise affect the
rights of the City under this Agreement without the express written consent of the City. In the event
either of the parties desire to relocate the Tract "X" on the Property prior to dedication, the relocation
shall constitute an amendment requiring the written consent of the other party, which consent shall not
be unreasonably withheld.
7. Agreement to indemnify, Hold Harmless and Defend. Grantor covenants and
agrees to indemnify, hold harmless, and defend the City from and against any and all liability, claims,
damages, costs, expenses, including attorneys' fees, arising out of Grantor's breach of this Agreement.
This agreement to indemnify, defend and hold harmless shall survive delivery and recording of the
Statutory Warranty Deed and shall not merge in said Deed.
8. Authority. Grantor represents and warrants to the City that the Grantor has all of the
necessary power and authority to enter into this Agreement and to perform the obligations to be
performed by the Grantor hereunder, and the individual signing on behalf of the Grantor has full legal
authority to do so.
Instrument Number: 20200102000850 Document:AG Rec: $109.50 Page-3
Record Date:1/2/2020 2:09 PM King County, WA
9. Remedies.
9.1 The parties acknowledge and agree that the rights provided to each of
them under this Agreement are unique. They further acknowledge and agree that, in
the event of a breach +by either party of its obligations under this Agreement, any
remedy at law would be inadequate and that the other party would suffer irreparable
hann as a result of such breach. Accordingly, each party hereby agrees and consents
to temporary and permanent injunctive relief and/or an order of specific performance,
without bond, in addition to money damages or other available relief in any
proceeding brought by a parry to enforce this Agreement.
9.2 In the event of a breach of this Agreement, the aggrieved party may
pursue any remedy available under this Agreement or any other remedy or remedies
available at law or in equity concurrently or consecutively and in any order as to any
such breach or violation, and the pursuit of such remedies at any time shall not be
deemed an election of remedies or waiver of the right to pursue any of the other of
such remedies.
10. Covenants, Conditions, and Restrictions to Run With the Land. The covenants, conditions
and restrictions contained herein shall touch and concern the land and run with the land, and the rights
and obligations granted herein shall inure to the benefit of and be binding upon the parties' respective
successors, grantees, or assigns.
HIn
p
DATED T S G� day of , 20 t i
[signature pages to Poll c]
OF
Instrument Number: 20200102000850 Document:AG Rec: $109.50 Page-4
Record Date:1/2/2020 2:09 PM King County, WA
APPROVED AS TO NORM:
J. Ryan Call, City Attorney
GRANTOR:
Monte B. Powell, Manager
Village Green of Federal Way, a Retirement Community, LLC
P.O. Box 98309
Des Moines, WA 98198
(206) 824-3733
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day personally appeared before me Monte B. Powell, to me known to be the Manager of
Village Green of Federal Wa a Retirement Community, LLC that executed the foregoing instrument,
and acluiowledged the said instrument to be the free and voluntary act and deed of said limited
liability company, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
GIVEN my hand and official seal this Atityday of , 2011
(notary signature)
SUSAN M. BERRY
NOTARY PUBLIC 02v6q r\
STATE OF WASHINGTON (sped/printed name of notary)
My Commission Expires April 23, 2020 Notary Public in and for the S te of Washington.
My commission expires yj 7-3 D
Instrument Number: 20200102000850 Document:AG Rec: $109.50 Page-5
Record Date:1/2/2020 2:09 PM King County, WA
GRANTOR:
WA VA
mot/
Diane E. Powell, Manager
Village Green of Federal Way, a Retirement Community, LLC
P.O. Box 98309
Des Moines, WA 98198
(206) 824-3733
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day personally appeared before me Diane E. Powell, to me known to be the Manager of
Village Green of Federal Way, a Retirement Community LLC that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company, .for the uses and purposes therein mentioned, and on oath stated that she was
authorized to execute said instrument.
GIVEN my hand and official seal this '-'?-j day f , 20
SUSAN M. BERRY (notary. signature)
NOTARY PUBLIC /),,, r
STATE OF WASHINGTON fS�tn I
My Commission Expires April 23, 2020 (hyped/printed name of notary)
Notary Public in and for the S to of ashington.
My commission expires 7i
Instrument Number: 20200102000850 Document:AG Rec: $109.50 Page-6
Record Date:1/2/2020 2:09 PM King County, WA
E'HISIT A
TRACT FOR FUTURE RIGHT OF WAY
THE WEST 8 FEET OF THE EAST 53 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST '
QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING BETWEEN
THE NORTH AND SOUTH PROPERTY LINES OF LOT 11-C, CITY OF FEDERAL WAY
BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU, RECORDED UNDER DING COUNTY
RECORDING -NO. 20111102900001,
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON,
CONTAD41NG 6,190 SQUARE FEET, MORE OR LESS.
Instrument Number: 20200102000850 Document:AG Rec: $109.50 Page-7
Record Date:1/2/2020 2:09 PM King County, WA
EXHIBIT A -'I
TO TRACT X
NE COR SEC 30
I
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PARENT PARCEL A IUD
53' W GRAPHIC SCALE
,- 0 75' 150'
o Q
8' TRACT X (IN FEET)
] 5' DEDICATION
45' RESULTING HALF
RIGHT -OF --WAY
30' EX HALF RIGHT-OF-WAY
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3' DEDICATION
42' EX HALF RIGHT-OF-WAY
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MON IN CASE
SW 356TH ST