HomeMy WebLinkAbout2009 - Right to Use Land Deed - State of Washington / Duwamish Gardens - 20090429001760 i
AFTER RECORDING RETURN TO: 2 0090429001760
TY OF City of Tukwila PAGE001 OFK005 D 46.00
City Clerks Office KING9COUNTY, W A6
6200 Southcenter Blvd
Tukwila, WA 98188
DEED OF RIGHT TO USE LAND FOR PUBLIC
AQUATIC LANDS ACCESS AND SALMON RECOVERY
PURPOSES
Grantor [Seller]: The Citv of Tukwila. a municipal comoration of the State of Washington
Grantee [Buyer]: The State of Washington.
Legal Description (abbreviated): Ptn. G.L. 1, NW 1 /4, Sec. 10, T23N, R4E
Additional legal(s) on Attachment A, Pages 4 -5.
Assessor's Tax Parcel ID 102304- 9071 -02, 102304 9060 -05, 102304 9055 -02.
Project [Area]: Duwamish Gardens.
The Grantor, The City of Tukwila, a municipal corporation of the State of Washington, for and in
consideration of monies coming in whole or in part from the Aquatic Lands Enhancement Account
and from the Salmon Recovery Funding Board of the General Fund of the State of Washington and
in fulfillment of terms of the Project Agreement identified below, conveys and grants to the State of
Washington individually and as the representative of all the people of the State, the right to use the
real property described below forever for outdoor recreation, salmon recovery, and conservation
purposes. Those purposes are described in the Project Agreement entered into between the Grantor
and the State of Washington through the Recreation and Conservation Office entitled Duwamish
Gardens, Project Number 06 -2199A signed by the Grantor on the 4th day of December, 2007 and by
the State on the 7th day of September, 2007, and the application and supporting materials which are
on file with the Grantor and the State in connection with the Project Agreement.
EXCISE TAG NOT REQUIRED
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The Grantor will not make or permit to be made any use of the Real property described in this deed
or any part of it, which is inconsistent with the right to use for outdoor recreation, salmon recovery,
and conservation purposes herein granted unless the State, through the Recreation and Conservation
Office or its successors, consents to the inconsistent use, which consent shall be granted only upon
conditions which will insure that other outdoor recreation, salmon recovery and conservation land, of
at least equal fair market value at the time of the change of use, and of as nearly as feasible
equivalent qualities, characteristics, and location for outdoor recreation, salmon recovery and
conservation purposes for which State assistance was originally granted, will be substituted in the
manner provided in RCW 79A.25.100 for marine recreation land. Whether or not the real property
covered by this deed is marine recreation land. RCW 79A.25.100 reads as follows:
"Marine recreation land with respect to which money has been expended under RCW
43.99.080 (recodified as RCW 79A.25.080) shall not, without the approval of the committee,
be converted to uses other than those for which such expenditure was originally approved.
The committee shall only approve any such conversion upon conditions which will assure the
substitution of other marine recreation land of at least equal fair market value at the time of
conversion and of as nearly as feasible equivalent usefulness and location."
The real property covered by this agreement is described as follows:
ATTACHMENT "A by this reference incorporated hereto and made a part hereof.
This deed shall in no way modify or extinguish the functions of the Grantor under the Project
Agreement, including the Grantor's functions to operate and maintain the land as set out in the
Project Agreement.
The rights and obligation of the State and Grantee shall be binding upon the respective successors
and assigns.
Dated this day of( 1 20 0
f.
GRANTOR: The City of Tukwila, a municipal corporation of the State of Washington
BY: !i f
Jim Hagg ayor
Attest/ uthenticated: Approved As To Form:
City Clerk ity o
STATE OF WASHINGTON)
)SS.
COUNTY OF KING
��Cj certify that I know or have satisfactory evidence that _j M 1 i
QUA) is the person
who appeared before me, and said person acknowledged that _he signed this instrument, on
oath stated that _he is authorized to execute the instrument and acknowledged it as the
MQ-c► 1) e- of the City of Tukwila to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
sT(4 d)
\mmuttil Printed signat ru e
M. pic sh
Notary Public in and for the
Cs 9
Tf�P s r-t .l �S
9 k State of Washington
Residing at S iwe/'
'/i,�� k j o j Op- 11��� My appointment expires
ATTACHMENT A
LEGAL DESCRIPTION
PARCEL A:
That portion of Government Lot 1, Section 10, Township 23 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing South 00 °32'40" West 636.35 feet from the Northwest corner of Government Lot 1;
Thence South 88 °51'20" East parallel with the North line thereof 208.79 feet to the TRUE POINT
OF BEGINNING;
Thence North 69'47'10" East 514 feet, more or less, to the Westerly line of East Marginal Way;
Thence South along said line to the Duwamish River;
Thence Westerly along said river to a point bearing South 20 °12'50" East from the true point of
beginning;
Thence North 20 °12'50" West to the TRUE POINT OF BEGINNING;
EXCEPT the Northerly 90 feet of the Easterly 100 feet thereof;
EXCEPT the Southerly 90 feet of the Northerly 180 feet of the Easterly 100 feet thereof;
AND EXCEPT that portion conveyed to King County by deed recorded under Recording Number
8708280481.
PARCEL B:
The Northerly 90 feet of the Easterly 100 feet of the following described property:
That portion of Government Lot 1, Section 10, Township 23 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing South 00 °32'40" West 63 6.3 5 feet from the Northwest corner of Government Lot 1;
Thence South 88 °51'20" East parallel with the North line thereof 208.79 feet to the TRUE POINT
OF BEGINNING;
Thence North 69'47'10" East 514 feet, more or less, to the Westerly line of East Marginal Way;
Thence South along said line to the Duwamish River;
Thence Westerly along said river to a point bearing South 20 °12'50" East from the true point of
beginning;
Thence North 20 °12'50" West to the TRUE POINT OF BEGINNING;
PARCEL C:
The South 90 feet of the North 180 feet of the East 100 feet of the following described property:
That portion of Government Lot 1, Section 10, Township 23 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing South 00 °32'40" West 636.35 feet from the Northwest corner of Government Lot 1;
Thence South 88 °51'20" East parallel with the North line thereof 208.79 feet to the TRUE POINT
OF BEGINNING;
Thence North 69'47'10" East 514 feet, more or less, to the Westerly line of East Marginal Way;
Thence South along said line to the Duwamish River;
Thence Westerly along said river to a point bearing South 20 °12'50" East from the true point of
beginning;
Thence North 20 °12'50" West to the TRUE POINT OF BEGINNING