HomeMy WebLinkAboutFred Meyer Stores, Inc. D.B.A. Quality Food Centers; Castle Hill Associates, Amendment No. 1 - 032221 644274 PGS : 7 AGR
05/18/2021 12:26 PM $109.50 JEFFERSON COUNTY COMMISSIONERS
Jefferson County WA Auditor's Office — Rose Ann Carroll, Auditor
11111 l .� VOW MCk1,111161lYiri 11111
RETURN NAME and ADDRESS
Jefferson County Board of Commissioners
PO Box 1220
Port Townsend,WA 98368
Please Type or Print Neatly and Clearly All Information
Document Title(s)
Agreement
Reference Number(s) of Related Documents
287289
Grantor(s) (Last Name,First Name,Middle Initial)
Fred Meyers Stores,Inc dba Quality Food Centers
Castle Hill Associates &Jefferson County Board of County Commissioners
Grantee(s) (Last Name,First Name,Middle Initial)
Jefferson County Board of County Commissioners, Castle Hill Associates
Fred Meyers Stores,Inc dba Quality Food Centers
Legal Description (Abbreviated form is acceptable,i.e.Section/Township/Range/Qtr Section or Lot/Block/Subdivision)
Assessor's Tax Parcel ID Number
The County Auditor will rely on the information provided on this form. The Staff will not read the document
to verify the accuracy and completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard.
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010.
I understand that the recording processing requirements may cover up or otherwise obscure some parts of
the text of the original document. Fee for non-standard processing is$50.
Signature of Requesting Party
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AMENDMENT NO. 1
TO THE DECEMBER 21. 1983 PARKING ACCESS AND INGRESS AND EGRESS
AGREEMENT UNDER JEFFERSON COUNTY AUDITOR FILE NUMBER 287289
This Amendment No. 1 to the December 21, 1983 parking access and ingress and egress agreement
under Jefferson County Auditor File Number 287289 ("Agreement") is made and entered into by
and between Fred Meyers Stores, Inc. (UBI 602 342 738) d.b.a. Quality Food Centers ("QFC")
the successor to the Uddenbergs,Castle Hill Associates,current owners of a portion of the property
previously owned by the Larsons, and Jefferson County, a political subdivision under the laws of
the State of Washington ("County")the successor to the Larsons, (collectively"Parties").
WHEREAS, the Parties want to amend the Agreement;
NOW, THEREFORE, the Parties agree as, follows:
1. Purpose. The purpose of this amendment is to revise the Agreement to include
language recognizing that both parties agree that eight (8) parking spaces located on the County's
property will be eliminated as part of OlyCAP's 7th and Hendricks Street affordable housing
project. All other terms of the Agreement shall remain unchanged, except as modified in this
amendment.
2. Amendment.
The first sentence of Section I.1. of the Agreement reads: "Each party agrees with the other party,
that parties' tenants and licensees, invitees, employees and patrons shall have free and unrestricted
use of each parties' property described at Exhibits 1 and 2 for parking access and for ingress and
egress." That first sentence of Section I.1 is amended to read: "Each party agrees with the other
party, that parties' tenants and licensees, invitees, employees and patrons shall have free and
unrestricted use of each parties' property described at Exhibits 1 and 2 for parking access and for
ingress and egress, except the eight(8) County parking spaces forfeited in support of OlyCAP's
7th and Hendricks Street affordable housing project (Exhibit 3, attached).
(SIGNATURES FOLLOW ON NEXT PAGE)
JEFFERSON COUNTY WASHINGTON FRED MEYERS STORES, INC. D.B.A.
QUALITY FOOD CENTERS
Board of County Commissioners
Jefferson County, Washington
By: 3/1.9/3-/ By:
Kate ean, Chair Date Signature Date
Name:
Title:
State of Washington State of
County of Jefferson County of
Subscribed and sworn to before me on this Subscribed and sworn to before me on this
.2-21 day of 2021. day of 2021.
3/l/. C7& -Ave- - 2/2/
Carolyn Galliway Date Signature of Notary Public Date
Notary/Clerk of the Board
Printed name of Notary Public
MyNotarycommission expires: '/��/ ZZ My Commission expires:
p
``N••\"""ili1
v_F�mot"R� ? ' (Seal or Stamp)
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Approved as to form only:
Philip C. unsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY WASHINGTON FRED MEYERS STORES,INC. D.B.A.
QUALITY FOOD CENTERS
Board of County Commissioners
Jefferson County,Washington
B 1AAAjJ'1'W(LLgy. -61*---- 3/2 L y: ‘1 y 1�
Kate ean, Chair Date Signature Date
Name: Nicholas G.Hodge
Vice President
Title: lice- ?r ih ti-
State of Washington State of Oh iNp
County of Jefferson County of 1hbv;
Subscribed and sworn to before me on this Subscribed and sworn to before me on this
day of 2021. 'f e- day of 2021.
A a 142/2/ VIA/ c1 :1��-/
;f No Public Da e
Carolyn allaway � Date Signature�
Notary/Clerk of the Board
Print d naha(e of No Pu is
�'Y
My Notary commission expires: 3/a'1/2-' My Commission expires:__,014_ ___7_s•-
„,,,•‘mttEttl ...
,� .4�GAL �l'I,r
s�
55 u - . - s (Seal or Stamp)
ri 4 ` TRACY LYNN HODGE
�; F •'may? «v�` .� �. Notary Public
111I1tltt‘\‘••‘ i�'`---r..,... M State of Ohio
Y Expires
sea, ,?: o` July 12,2025
Approved as to form only:
Pc ( 3 //ate
2/
Philip C. Hunsu er
Chief Civil Deputy Prosecuting Attorney
CASTLE HILL ASSOCIATES
By: J 22Z,
Signature Date
Name: l<'
Title:
State of
County of Th
Subscribed and sworn to before me on this
'.' sat day of 2021.
)
Signature of Notary Public Date
0(1 6 S ci-eo
Printed name df Notary Public
My Commission expires: acA_
Christy Fiedler
Notary Public, Lie.#21002646
State Of Washington
My Comm. Exp. Dec.04,2024
(Seal or Stamp)
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Exhibit 2: Uddenberg's Property
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley,County Administrator
FROM: Mark McCauley,Central Services Director
DATE: March 22,2021
RE: Request for Board of County Commissioners approval of an amendment to a
reciprocal parking access and ingress and egress agreement(the Agreement)
recorded at Auditor's File Number 287289.
STATEMENT OF ISSUE:
Jefferson County is one of the successor parties to the 1983 parking access and ingress and egress Agreement.
Quality Foods Centers(QFC)and Castle Hill Associates are the other successor parties. The Agreement covers
certain parking areas at the Castle Hill Complex that serve QFC,Castle Hill Associates and several county offices.
Section 1 of the Agreement states:
"1. Each party agrees with the other party,that parties' tenants and licensees, invitees,employees and patrons
shall have free and unrestricted use of each parties' property described at Exhibits 1 and 2 for parking access
and ingress and egress.Neither party shall erect or maintain or permit the erection or maintenance of any
physical barrier or impediment or deterrent to the unimpeded flow of consumer traffic without the express
written permission of the other party."
OlyCAP's 7th and Hendricks Street affordable housing project will remove eight(8)parking spaces from the parking
inventory covered by the 1983 agreement. QFC has no objection to the removal of these eight parking spaces but
has requested that the agreement be formalized by amending the 1983 Agreement. Castle Hill Associates also agrees
with the removal of the eight parking spaces. The amendment is attached. Also attached is Exhibit 3,which is the
site plan for the 7th and Hendricks Street project.
ANALYSIS:
The attached amendment to the 1983 agreement, agreed to by QFC and Castle Hill Associates,formalizes the
agreement regarding the eight parking spaces to be removed. The fully executed amendment will be recorded by the
Jefferson County Auditor.
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
That the Board of County Commissioners approve the attached amendment to the 1983 parking access and ingress
and egress agreement.
REVIEWFD BY:
w
Philip Morley, County Administrator Date
CONTRACT REVIEW FORM
CONTRACT WITH: Fred Meyer, DBA QFC & Castle Hill Assoc. TRACKING NO.:
(Contractor/Consultant)
CONTRACT FOR: Parking Easement Amendment TERM: Indefinite
COUNTY DEPARTMENT: Central Services
For More Information Contact: Mark McCauley
Contact.Phone #: 360-385-9130
RETURN TO: Mark McCauley RETURN BY: ASAP
(Person in Department) (Date)
AMOUNT: None PROCESS: ❑ Exempt from Bid Process
❑ Consultant Selection Process
Revenue N/A ❑ Cooperative Purchase
Expenditure N/A ❑ Competitive Sealed Bid
P P
Matching funds Required N/A El Small Works Roster
Source(s) of Matching Funds N/A ❑ Vendor List Bid
❑ RFP or RFQ
El Other
Step 1 : REVIEW BY T
R ewb . ��
Z'
Date • e .
Z" APPROVED FORM ❑ Returned f•rsion(See om s
Comments///
Step 2: REVIEW BY PROSEC I ATTORNEY
Review by: . C: hilip C. Hunsucker
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
APPROVED ASZO FORM turned for revision(See Comments)
Comments C[/^- a.04.f 4/141174
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
1
4EURDED 11 VLOI.1
Jefferson Title Company
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287289 jt"
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AGREEMENT1 a 1i " - U
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AGREEMENT made this 2, day of December, 1
e
and between KEVIN LAREON, a single man, of P 0Ili,
7 8,
Part Townsend, Washington 98368, her ,er a1001,
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"First Party", and A. KEITH FN. ' and EU "I' K.
UDDENEERG, husband and wife, of P.• ox 444 rig Harbor,
Washington 98335, hereinafter called 'arty".
WNFREAS, First Party i t.;= owner of certain real
property located in Jefferson -un- , Washington, described
on attached Exhibit 1; wh Oh i n •rw• ated herein by
reference as thoug ull rt x and
WHEREAS, Secod th owner of certain real
property located f , County, Washington, described
on thetattaChed •ibi• which is incorporated herein by
referenc set forth; and
, .'. E. STROEDER and J. L'SLIE DONOVAN
may . • rit interest in that certain real property
local . Je sort County, described on the attached
g t
( Aoki .AS, it is necessary that the parties set forth
Imp °-remnants that shall affect the future use of the
r Q,. :'y described in attached exhibits 1 and 2 and set
rcertain duties and responsibilities to the property
to one another,
NOW, THEREFORE, in consideration of the mutual agree-
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ments herein contained, the parties covenant and agree for
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vas, 183 473
4 Dee.28J1983.,. ___,,,,_
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themselves, their heirs, successors and assigns ' E
I, ?R1 tNG EASEMENTS AND RIGHT OF WAY
1. Bach party agrees with the o e , that
parties' tenants and lice ems in tees em-
ployees and patrons shalt eve Er nd unres-
tricted use of each part s rop t described
at Exhibits 1 and 2 for par in ess and for
ingress end ogre either party shall erect
or maintain or permit, he rection or maintenance
of any physical i ; o pediment or deterrent
to the un onsumer traffic without
the express 'it , n .ermission of the other
party.
II. MAIM E OY MEWAND AIGwr OF WAY AND
PING A1rA8 ` t
ti,\I ded for in that certain agreement be-
ties made January 22, 1980, and recorded
rson County, Washington, Auditor's File No.
1:8, each party shall be responsible for the cost
o traction and maintenance of all parking areas
d right of ways owned by said party.
WENT RUNNING WITH THE LAND.
(----,,,,MN) The reciprocal easements hereby granted, restrictions
1 N.
I2)
\. hereby imposed and agreements herein contained shall
`'� N. be easements, restrictions and covenants running
/`r with the land and shall adhere to the benefit of and
`�` be binding upon the parties hereto and their respec-
` ' �,
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VOL 183 .4.4►474
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tine heirs, successors, and assigns incl ng
subsequent owners of the property descr' in {.r
Exhibits 1 and 2 attach,.d hereto and all rso 1
claiming under them.
IN WITNESS WHEREOF, the parties have si n a ealed
this Agreement on the date .first ab. itten.
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STATE MA I N )
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On s day personally apperaed before me .EVIN LARSON to
.44 • be the individual described in and who executed, the
wi in a - foregoing instrument, and acknowledged that he signed
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.., as his free and voluntary act and deed, for the uses and
ses therein mentioned.
'
GI under my UrAnd and official seal this ( '& day of
C i , 29 '
qer(Itee. (2te
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Moo tWayhPinuo ,, n eand ino r athe State
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Port Townsend
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STATE OF WASHINGTON )
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COUNTY OF O,�.t t.ta.... )
On this day personally appeared before me A. KEITH
UDDENSERG and EUGENIA M. UDDEN8ERG, to me known to be the
individuals described in and who executed the within and
• foregoing instrument and acknowledged to me that they
the same as their free and voluntary act and deed for
purposes therein mentioned.
(( - .. 4 'w,. IVEN under my 'hand and offic.al seal this Ail de y
If.
r... ' =`' CC oalVICajef...off'
Washingto re, ds at ® ?T2.
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STATE of WASHINGTON ) ,,,,, `,..„,„,,,.....2,)
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COUNTY OF JEFFERSON )
On this day appeared bef ANTHONY E. STROELER,
personally and as attorney-in-fa J. LESLIE DONOVAN.
to me known to be the individ - Cr " d in and who exe-'
cuted the within and forego g i tr and acknowledged
that he signed the' same as i re n voluntary act and
deed for the purposes er i oi`d.•
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GZVZN der my h c�Itii seal this /7 day
., gf„ rije . • l .dam,, .
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*lb '3 '' Washington, residing at Port Townsend.
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NM RECORDED
Kevin Larson .
P.O. Box 758
Port Towns. , }'�✓ 6$
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EXEIBIT 1
LARSON'S PROPERTY �Y��
Blocks 237 and 238 Eisenbeis Addi io t acca d: nq to /��
Plat thereof recorded in Vol. 2 of Plat., e 4 records
of Jefferson County; the vacated portion f Gra Street 1 /}
lying between said Blocks 237 a 238; the tad portion •i�C'�{dl��
of 6th Street lying North of 8 c , Eisenbeis Addition; •
and all of Block C Eisenbeis Ad io except for that CI v Y
portion described on Exhibit 2 att be to this agreement l '
and, except for the Westerly 1 ea o lock 237, the
Westerly 162 feet of said vac t of 6th Street, and
the Westerly 162 feet of of yBlo
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EXBIBIT 2 N ,,,,, •
000EUBERG'S PROPER(Y -,.........
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That portion of Block C, Eisenbeis M4it4on togetjer with the
vacated portion of 6th Street adjacent t1ieto 1corded in
Vol. 2 of Plats, page 24, veto of Jefferson County Auditor. '
and described as follows: Beg i at the monument at the rt'
centerline of Sheridan Street 7t treet: thence South xY'
01' 07' 45° East along the centerline o Sheridan Street 248.03
feet; thence South 88° 52' 15" -- l8. .S3 feet to the true
point of beginning: thence S.= 01 0 45" East 276.00 feet:
thence South 88° 52' 15" Wes 4 f ) ; thence South 01° 07'
45' East 69.00 feet; tttre ..., 2' 15" West 190.00 feet;
thence North 01° 07' 4 t 3 5O feet; thence North 88°
52' 15* East 234.00 feet o e point of beginning.
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6 Dec.0,1963 . ___..._ S.
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