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HomeMy WebLinkAbout2005 - River Protection Easement - Family Fun Center / H2Office - 20050223000003 Please print or type mrormauon ►r4-.........•-. –..... • - -_. –_— — _ Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. River Protection Easement 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference pi's on page of document Grantor(s) (Last name, first name, initials) 1. Family Fun Centers, Tukwila, LLC 2. H2Hotel, LLC 3. )-I2Office, LLC Additional names on page of document. Grantee(s) (Last name rust, then first name and initials) 1. King County 2. , Additional names on page of document. • Legal description (abbreviated: i. lot, block, plat or tion, toy/whip, �hip, range) LT5 1 2 itl56cii Jil ' iowrr ,na3 , J 1 4E `i nr- , id At 1 006, & I, See attac Schedule "A" Pages 1.2 & 3 and Schedule "B" plus Map Assessor's Property Tax Parcel/Account Number O Assessor Tax # not yet assigned 242304 - 9013 -07 and 242304 - 9092 -01 and 242304- 9063 -06 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. W Branch :GOK,User :BLOE Comment: Station Id :EGU1 RECEIVE MAR 2 3 200?0050223000003.001 C OMMUN ( Ty O EVELOPJI 1111 ��'I ��,'' l t ,�, COUNTY, ' �0z�300m003 200�„ri SAS PAG 6M� S 8 3T KING TtC RECO � Cover Sheet ( RCN 65.04) I am requesting an emergency nonstan d ar d recor f or an a dd i t i o n al fee a s pr ov i ded i n RC 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. KING,WA 1/ A (� /7/�/�/�/� } r1,I -,,n -, lt• /111,6 (1771000003 Page 1 of 8 Signature of Requesting Party Printed on 2/13/2007 7:20:46 AM Branch :GOK,User :BLOE AFTER RECORDING RETURN TO: King County Property Services Division 500A King County Administration Building 500 Fourth Ave. Seattle, WA 98104 Comment: Station Id :EGI] DOCUMENT TITLE: River Protection Easement REFERENCE NUMBER OF RELATED DOCUMENT: GRANTOR(S): Family Fun Centers, Tukwila, LLC. H2Hotel LLC., and H2Office LLC. GRANTEE(S): King County LEGAL DESCRIPTION: See attached Schedule "A ". Page 1, 2 and 3 ASSESSOR'S TAX PARCEL NUMBER(S): 242304- 9013 - 07/242304- 9092- 01/242304- 9063 -06 RIVER PROTECTION EASEMENT For valuable consideration, receipt of which is hereby acknowledged, the GRANTOR(S), Family Fun Center, Tukwila, LLC, H2Hotel, LLC andH2Office LLC, owner(s) in fee of those certain parcel(s) of land ( the "property"), legally described as follows: SEE ATTACHED SCHEDULE "A ", PAGES 1, 2 and 3. Hereby grant(s) both to KING COUNTY, a political subdivision of the State of Washington, its successors and assigns, agents and licensees, and also to the Green River Flood Control Zone District, a quasi - municipal corporation of the State of Washington, its successors and assigns, agents and licensees (GRANTEES), a perpetual easement for the purpose of accessing and constructing, inspecting, monitoring, reconstructing, maintaining and repairing river bank protection and/or other flood related works, including installing, inspecting and maintaining all vegetation and any other appurtenances thereto across, in, under, on, over and upon the following portions of the above described Property: All portions of the above described parcel along the Green River that are Riverward of a line described as follows: SEE ATTACHED SCHEDULE "B" with map. ("the Easement Area"), together with reasonable ingress and egress upon the Property to access the Easement Area. Grantees shall have the right at such time as may be necessary and at the Grantee's sole discretion, to enter upon the Property and to have unimpeded access to, in and through the Easement Area for the purpose of exercising the grantee's rights as described herein. 20050223000003.002 KING,WA Page 2 of 8 Printed on 2/13/2007 7:20:47 AM Document: 2005.022 3 000003 Branch :GOK,User :BLOE Comment: Station Id :EGUI KING,WA Document: 2005.0223000003 Grantors agrees not to plant non -native vegetation within the Easement Area and not remove or otherwise alter any improvements installed by grantees, including any native vegetation that may be planted and any flood protection works that may be constructed, within the Easement Area, with nut the prior approval of Grantees. Nothing contained herein shall be construed as granting any license, permit or right, otherwise required by law, to Grantors with respect to the Property and the Easement Area. For the purposes of this river protection easement, the term "native vegetation" shall mean vegetation comprised of plant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16 -750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur at the site. Neither Grantors nor Grantees are hereby obligated to future maintenance, repair or other action related to the above - described exercise of easement rights. This river protection easement and/or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to Grantees by any state statue, including Chapter 86.12 of the Revised Code of Washington, or as otherwise granted or provided by law. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrator and successors in interest and assigns to Grantors and Grantees. GI or Family Fun Center Tukwila, LLC STATE OF WASHINGTON G ""r H2Hote1 LW County of King On this • day of /2t2./ , 2004, before me, the undersigned, a Notary Public in and for a Stetsg of Washmgton, duly commissioned and sworn, personally appeared /JA. , to me known to be the individual described in and who executed the foregoip$ instrument, and acknowledged to me that he/she signed and sealed the said instrument as i)/51ree and voluntary act and and deed for the uses and purposes therein mentioned d and o flcial seal the /. 6 day of Given under lucre NOTARY PUBLIC in and forth State of Washington, residing at - 714errnC1_ My commission expires ss. Grantor H2Office LW � RUTHANN LOVING s /D -v9 -vG STATE OF WASHINGTON NOTARY --o-- PUBLIC MY COMMISSION EXPIRES 10 -09 -06 , 2004. 20050223000003.003 Page 3 of 8 Printed on 2/13/2007 7:20:48 AM Branch :GOK,User :BLOE Comment: Station Id :EGU 20050223000003.004 SCHEDULE "A" PAGE 1 LEGAL DESCRIPTIONS AFTER ADJUSTMENT: ADJUSTED PARCEL 1: THAT PORTION OF THE WEST HALF OF SECTION 24. TOWNSHIP 23 NORTH. RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE 2M—UNE OF PRIMARY STATE HIGHWAY NO. 1, GREEN RNER INTERCHANGE, ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499812, 5507291. 5510773, 5503778. 5536582. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089, STA POC (21A) 134+28.56, WITH THE A —LINE. STA POT (A) 102 +82.12. AS SHOWN ON THAT CERTAIN MAP ON FILE WITH TIE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION LABELED SR 405 GREEN RNER INTERCHANGE RIGHT OF WAY STA 99+00 TO STA 120+00, SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962, WITH LAST REVISION DATE OF DECEMBER 31, 1992; THENCE NORTH 42'30'02 EAST ALONG THE CIZITERUNE OF SAID A—UNE. 88.55 FEET TO STA 103 +70.67 OF SAID A —UNE; THENCE NORTH 4729'58' WEST, 60.00 FEET TO POINT ON THE NORTHERLY RIGHT OF WAY SAID PRIMARY STATE HIGHWAY NO. 1. SAID POINT BENG THE BEGINNING OF A CURVE ,CONCAVE TO THE SOUTH WITH A RADIUS OF 163.00 FEET. AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY. EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6448'29' A DISTANCE OF 184.37 FEET; THENCE LEAVING SAID RIGHT OF WAY, AND BEARING NORTH 2114'11' EAST, 38.16 FEET; THENCE NORTH 6448'08' WEST, 5.90 FEET; THENCE NORTH 22'58'18' WEST. 166.10 FEET; THENCE NORTH 22'01'42' EAST. 229.49 FEET TO A POINT ON THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RIVER, AS IT WAS MAPPED BY BARGHAUSEN CONSULTING ENGINEERS, INC. ON AUGUST 11. 1997; THENCE ALONG THE ORDINARY HIGH WATER UNE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: SOUTH 70'00'00' WEST, 39.06 FEET; THENCE SOUTH 73'00'00' WEST. 85.00 FEET; THENCE SOUTH 6700'00 WEST, 100.00 FEET; THENCE SOUTH 5740'00 WEST, 30.00 FEET; THENCE SOUTH s3'So'GO' WEST. 35.00 FEET; THENCE SOUTH 56'30'00' WEST. 100.00 FEET; THENCE SOUTH 5•00'00" WEST, 50.00 FEET; THENCE SOUTH 3540'00" WEST, 40.00 FEET; THENCE SOUTH 39'00'00" WEST, 60.00 FEET; THENCE SOUTH 5720'00' WEST, 50.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY FOR SAID 2M— TH1� SOUTHERLY ALONG SAID RIGHT OF WAY LINE TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY OF SAID A —UNE; THENCE NORTH 42'30'02' EAST. ALONG SAID NORTHERLY RIGHT OF WAY. 9.42 FEET TO THE POINT OF BEGINNING. KING,WA Page 4 of 8 Printed on 2/13/2007 7:20:49 AM Document: 2005.0223000003 Branch :GOK,User :BLOE , Comment: KING,WA Document: 2005.0223 000003 ADJUSTED PARCEL 2: SCHEDULE "A" PACE 2 • THAT PORTION OF THE WEST HALF OF SECTION 24. TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE 2M -UNE OF PRIMARY STATE HIGHWAY N0. 1, GREEN RIVER INTERCHANGE. ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499612. 5507291, 5510773. 5503778. 5538582. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089, STA POC (211) 134+28.56, WITH THE A -UNE, STA POT (A) 102 +82.12, AS SHOWN ON THAT CERTAIN MAP ON FILE Yin THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99 +00 TO STA 120 +00. SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962, WITH LAST REVISION DATE OF DECEMBER 31. 1992; THENCE NORTH 4T30'02' EAST ALONG THE CENTERLINE OF SAID A-UNE. 88.55 FEET TO STA 103 +70.67 OF SAID A-UNE: THENCE NORTH 4729'58' WEST, 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAID PRIMARY STATE•HIGHWAY NO. 1, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, THE RADIUS POINT OF WHICH BEARS SOUTH 4729'56" EAST, 163.00 FEET DISTANT; THENCE NORTHERLY, EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8448'29" A DISTANCE OF 184.37 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY UNE ON SAID CURVE THROUGH A CENTRAL ANGLE OF 2245'54" AN ARC DISTANCE OF 64.76 FEET. THENCE LEAVING SAID .NORTHERLY RIGHT OF WAY AND BEARING NORTH 2409'32" EAST, 41.99 FEET; THENCE NORTH 6534'N" EAST. 149.44 FEET; THENCE NORTH 5443'58' EAST, 207.60 FEET; THENCE NORTH 33'14'15' WEST. 25.64 FEET: THENCE NORTH 5352'52" EAST, 93.41 FEET; THENCE NORTH 17'03'48' EAST, 5,144 FEET; THENCE NORTH 1749'32" WEST, 49.22 FEET; THENCE NORTH 48'58'55' WEST, 20.08 FEET; THENCE NORTH 20'08'22" WEST, 44.35 FEET; THENCE SOUTH 6911'38' WEST, 24.62 FEET; • THENCE NORTH 1722'51" WEST. 105.07 FEET TO A POINT OF THE ORDINARY HIGH WATER UNE OF THE GREEN (WHITE) RIVER. AS TT WAS MAPPED BY BARCHAUSEN CONSULTING ENGINEERS, INC. ON AUGUST 11, 1997; THENCE ALONG THE ORDINARY HIGH WATER LINE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: SOUTH 7730'00' WEST, 3.45 FEET; THENCE SOUTH 7700'00' WEST. 80.00 FEET: THENCE SOUTH 71'30'00" WEST, 55.00 FEET; THENCE SOUTH 79'20'00' WEST, 70.00 FEET; THENCE SOUTH 69'00'00' WEST, 65.00 FEET; THENCE SOUTH 66'40'00" WEST. 55.00 FEET; THENCE SOUTH 70'00'00' WEST, 15.94 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER UNE AND BEARING SOUTH 2701'42` WEST, 229.49 FEET; THENCE SOUTH 2218 'EAST, 168.10 FEET; THENCE SOUTH 64'48'08' EAST, 5.90 FEET; THENCE SOUTH 21'14'11' WEST, 38.16 FEET TO THE POINT OF BEGINNING. Page 5 of 8 Printed on 2/13/2007 7:20:50 AM Station Id :EGU 20050223000003.005 Branch :GOK,User :BLOE • KING,WA Document: 2005.0223000003 Comment: ADJUSTED PARCEL 3: • SCHEDULE "A" PAGE 3 WILLAMETTE EOMERIDIAANN. WEST HALF OF SECTION KING COUNTY. WASHINGTONBEING PA�RTICULARRL 4 PARTICULARLY THE FOLLOWS: • COMMENCING AT THE INTERSECTION OF THE 2M -LINE OF PRIMARY STATE HIGHWAY NO. 1, GREEN RNER INTERCHANGE. ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499612. 5507291, 5510773, 5503778, 5538582. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089, STA POC (2M) 134+2858. •STA POT O WITH DEPARTMENT OF 02 TRAN 1 SPORTATIOON LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99 +00 TO STA .120 +00, SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962. WITH LAST REVISION DATE OF DECEMBER 31, 1992; THENCE NORTH 42'30'02' EAST ALONG ME CENTERLINE OF SAID A-UNE 88.55 FEET. TO STA 103 +70.67 OF SAID A -UNE; THENCE NORTH 4729'58' WEST, 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAID PRIMARY STATE HIGHWAY NO. 1, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH WHOSE RADIUS POINT BEARS SOUTH 4730'02' WEST, 163.00 FEET DISTANT; • THENCE NORTHERLY. EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY: ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 873413' A DISTANCE OF 249.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1'22'20' A DISTANCE OF 3.90 FEET TO A POINT OPPOSITE STA PT (A) 105+30.55 OF SAID A -LINE, AND 80 FEET DISTANT; THENCE CONTINUING ALONG THE NORTHEASTERLY AND NORTHERLY RIGHT OF WAY OF SAID A -LINE THE FOLLOWING COURSES AND DISTANCES: SOUTH 4813'18" EAST 115.79 FEET; THENCE NORTH 81'24'26" EAST, 106.02 FEET: THENCE SOUTH 0815'34" EAST, 60.00 FEET: THENCE SOUTH 17 WEST, 29.84 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTH, WHOSE RADIUS POINT BEARS NORTH 1741'53' EAST. 182.00 FEET DISTANT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'3815' A DISTANCE OF 68.73 FEET; THENCE NORTH 66'58'45 EAST. 152.75 FEET; THENCE SOUTH 2301'15' EAST, 20.00 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF SECONDARY STATE HIGHWAY 1 -1 (FORMERLY KNOWN AS THE BLACK RNER JUNCIION-RENTON ROAD NO. 1193) AS CONVEYED TO KING COUNTY BY''DEED RECORDED UNDER KING COUNTY REC. NO. 2919485; . 482.07 FEEL TO ns THENCE NORM 66'45' EAST ALONG SAID NORTHWESTERLY RIGHT OF INTERSECTION WITH THE WEST MARGIN OF THE 100 -FOOT RIGHT- OF- WAY TO CHICAGO, MILWAUKEE, AND ST. PAUL RAILWAY COMPANY BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 453942 AND 995370: THENCE NORTHERLY ALONG SAID WEST MARGIN AND SAID WEST MARGIN EXTENDED NORTHWESTERLY PARALLEL TO THE CENTERLINE OF SAID RAILROAD TO ITS INTERSECTION WITH THE EASTERLY EXTENSION OF THE BOUNDARY UNE AS ESTABUSHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 725392; THENCE SOUTH 48'14'49' WEST ALONG SAID BOUNDARY UNE EXTENSION. 134.07 FEET TO ITS INTER- SECTION WITH A UNE THAT LIES 200 FEET SOUTHWESTERLY OF MD PARALLEL WITH THE CENTERLINE OF THE NORTHERN PACIFIC RAILWAY; • THENCE NORTH 33'54'49' WEST ALONG SAID PARALLEL LINE. 26.08 FEET. TO ITS POINT OF INTERSECTION WITH THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RNER AS IT WAS MAPPED BY BARGHAUSEN CONSULTING ENGINEERS. INC. ON AUGUST 11, 1997; THENCE ALONG THE ORDINARY HIGH WATER LINE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: ' • SOUTH 5520'00' WEST, 51.46 FEET; THENCE SOUTH 7730'00' WEST. 55.00 FEET; THENCE SOUTH 7400'00" WEST, 50.00 FEET; • THENCE SOUTH.7730'0O' WEST, 51.55 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER LINE AND BEARING SOUTH 1722'51 . EAST. 105.07 FEET: THENCE NORTH 89'51'38' EAST. 24.82 FEET: THENCE SOUTH 20'0822 EAST, 44.35 FEET: THENCE SOUTH 48'58'55' FAST, 20.06 FEET: THENCE SOUTH 1T49'32' EAST, 49.22 FEET; THENCE SOUTH 170.3'48' WEST, 53.44 FEET; THENCE SOUTH 53'52'52' WEST, 93.41 FEET; THENCE SOUTH 33'14'18' EAST, 25.64 FEET; THENCE SOUTH 54'43'58' WEST. 207.60 FEET; THENCE SOUTH 6534'09' WEST, 149.44 FEET; THENCE SOUTH 2409'32' WEST, 41.99 TO THE .POINT OF BEGINNING. Station Id :EGU 20050223000003.006 Page 6 of 8 Printed on 2/13/2007 7:20:50 AM Branch :GOK,User :BLOE Comment: Station Id :EGU Schedule "B" River Protection Easement That portion of adjusted Lots 1, 2 and 3 of City of Tukwila Boundary Line Adjustment L98 -0028, as recorded under Recording Number 9806309017, records of King County, Washington: All lands lying river ward of to the following described line: Commencing at the most Westerly corner of said Lot 1; thence South 59°26'38" East, along the West line of said Lot 1 and along the East margin of Interurban Avenue, a distance of 79.73 feet to the True Point of Beginning; thence North 50 °09'21" East, a distance of 318.23 feet; thence North 69 °38'40" East, a distance of 123.15 feet; thence North 71 °10'55" East, a distance of 66.41 feet; . thence North 79 °07'32" East, a distance of 165.70 feet; thence North 78 °03'27" East, a distance of 43.93 feet; thence North 69 °59'15" East, a distance of 173.44 feet; thence North 66 °45'13" East, a distance df 59.28 feet; thence South 78 °45'44" East, a distance of 178.94 feet; thence North 70 °25'50" East, a distance of 124.24 feet to the East line of said Lot 3 and the terminus of said line. ALL SITUATE in Section 24, Township 23 North, Range 4 East, W.M., City of Tukwila, County of King, State of Washington. 20050223000003.007 KING,WA Page 7 of 8 Printed on 2/13/2007 7:20:51 AM Document: 2005.0223000003 Branch :GOK,User :BLOE Comment: Station Id :EGU KING, WA Document: 2005.022 3 000003 J t fr V) f r O L D o CIO s N m vie vfr \ -23 tt $ i \ AR; 20050223000003.008 Page 8 of 8 Printed on 2/13/2007 7:20:52 AM