HomeMy WebLinkAbout2008 - Right to Use Land Deed - State of Washington / Grandmother's Hill - 20081023001131 Return Address:
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CITY OF TUKWIL D 47.00
PAGE001 OF 006
10/23/2008 14:34
KING COUNTY, WA
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CITY OF TUKWILA
OFFICE OF THE CITY CLERK
6200 Southcenter Boulevard
Tukwila, WA 98188
DEED OF RIGHT TO USE LAND
FOR PUBLIC RECREATION PURPOSES
The Grantor, City of Tukwila for and in consideration of monies coming in whole or in part
from the Outdoor Recreation Account 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 the outdoor recreation purposes.
Those purposes are described in the Project Agreement entered into between the Grantor
and the State of Washington through the Recreation Conservation Office for Outdoor Recreation
entitled Grandmother's Hill Acquisition Project Number 03- 1038A, signed by the Grantor on
September 29, 2004 and by the Interagency Committee on the October 12, 2004, and the
application and supporting materials which are on file with the Grantor and the state in
connection with the Project Agreement.
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 the public outdoor recreation
herein granted unless thee state, through the Recreation Conservation Office for Outdoor
Recreation or it successors consents to the inconsistent use, which consent shall be granted only
upon conditions which will ensure that other outdoor recreation land of at least equal fair market
value at the time of change of use and of as nearly as feasible equivalent usefulness and location
for the public recreation purposes for which state assistance was originally granted will be
substituted in the manner provided in RCW 79A.25100 for marine recreation land, whether or
not the real property covered by this deed is marine recreation land. RCW 79A.25.100 read 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 deed is described as follows:
Exhibit B
Legal Description of Park Property
The Park Property is legally described as follows:
LOT
THAT PORTION OF GOVERNMENT LOTS 1 AND 2 OF SECTION 10, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF C. D. HILLMAN'S
MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 3, ACCORDING
TO THE PLAT RECORDED IN VOLUME 12 OF PLATS AT PAGE 86, IN KING COUNTY,
AND LYING EAST OF THE CITY OF SEATTLE CITY LIGHT RIGHT -OF -WAY (FORMERLY
SEATTLE TACOMA INTERURBAN RIGHT -OF -WAY), THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS.
BEGINNING AT A POINT ON THE RIGHT BANK OF THE DUWAMISH RIVER WHICH BEARS
SOUTH 55 0 05'30" EAST; 1324 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 10;
THENCE NORTH 4 °41' WEST 274 FEET TO A POINT;
THENCE TO THE LEFT WITH A 2 CURVE THROUGH 9 °38' OF CURVATURE 482 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF SAID SECTION 10, SAID POINT BEING 986 FEET
FROM THE NORTHWEST CORNER OF SAID SECTION 10, AND THE TERMINUS OF SAID
RIGHT -OF -WAY CENTERLINE;
EXCEPT THAT PORTION THEREOF CONDEMNED BY THE CITY OF SEATTLE IN KING
COUNTY SUPERIOR COURT CAUSE NO. 469557 AND DESCRIBED AS FOLLOWS: BEGINNING
AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SECTION 10 WITH THE
EASTERLY MARGIN OF THE CITY OF SEATTLE CITY LIGHT RIGHT -OF -WAY; THENCE
EASTERLY ALONG SAID NORTH LINE 802.75 FEET,
THENCE SOUTH 6.10 FEET;
THENCE WESTERLY ALONG A STRAIGHT LINE 788.36 FEET TO THE POINT OF
INTERSECTION WITH THE.EASTERLY MARGIN OF SAID CITY OF SEATTLE CITY LIGHT
RIGHT -OF -WAY;
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 78.08 FEET TO THE POINT OF
BEGINNING; EXCEPT THAT PORTION OF SAID GOVERNMENT LOT 2 DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 20, C. D.
HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 3,
ACCORDING TO THE PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 86, RECORDS OF
KING COUNTY, WASHINGTON;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT I A DISTANCE OF 100 FEET;
THENCE NORTH 86 0 15' WEST A DISTANCE OF 100 FEET; THENCE SOUTH TO THE SOUTH
LINE OF GOVERNMENT LOT 2;
THENCE EAST TO A POINT SOUTH OF THE POINT OF BEGINNING; THENCE NORTH TO THE
POINT OF BEGINNING;
EXCEPT THE WEST 3 FEET THEREOF ABUTTING THE EASTERLY MARGIN OF CITY OF
SEATTLE CITY LIGHT RIGHT -OF -WAY;
EXCEPT ANY PORTION THEREOF WITHIN THE RIGHT -OF -WAY FOR SOUTH 115TH STREET
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
EXCEPT ALL THAT PORTION OF LOT B, KING COUNTY LOT LINE ADJUSTMENT, FILE
NUMBER 985024, FOUND UNDER KING COUNTY RECORDERS FILE NUMBER 8510170346,
KING COUNTY, WASHINGTON, BEING A PORTION GOVERNMENT LOT 1, SECTION 10,
TOWNSHIP 23 NORTH, R 'kNGE 4 EAST, WILLAMETTE MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT
OF -WAY OF SOUTH 115TH STREET, ALSQ KNOWN AS U. S. MACADAM ROAD NO. 622,
SURVEY 434, OR ALSO KNOWN AS THE BILL GOLDSMITH ROAD WITH A LINE 53.00 FEET
EAST OF THE CENTERLINE OF THE SEATTLE TACOMA INTERURBAN RAILROAD, ALSO
KNOWN AS THE PUGET SOUND POWER AND LIGHT COMPANY RIGHT -OF -WAY, NOW
KNOWN AS THE SEATTLE CITY LIGHT RIGHT -OF -WAY; THENCE NORTH 03 33'29" WEST
PARALLEL WITH THE CENTERLINE OF SAID SEATTLE CITY LIGHT RIGHT -OF -WAY 81.28
FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUE NORTH 03 33'29" WEST
PARALLEL WITH SAID CENTERLINE 105.61 FEET; THENCE CONTINUE NORTHEASTERLY
PARALLEL WITH SAID CENTERLINE ALONG THE ARC OF A 2.917.79 FOOT RADIUS CURVE
TO THE LEFT 388.67 FEET THROUGH A CENTRAL ANGLE OF 017° 37'56" TO THE SOUTH
RIGHT -OF -WAY OF THE CITY OF SEATTLE (WATER) TRANSMISSION LINE OBTAINED VIA
SEATTLE ORDINANCE 82986, CONDEMNED IN KING COUNTY SUPERIOR COURT, CAUSE
NO. 469557; THENCE NORTH 87 :8'08" EAST ALONG SAID SOUTH RIGHT -OF -WAY OF THE
CITY OF SEATTLE TRANSMISSION LINE 210.00 FEET;
THENCE SOUTH 02° 41' 52" EAST PERPENDICULAR TO SAID SOUTH RIGHT -OF -WAY OF THE
CITY OF SEATTLE TRANSMISSION LINE 170.00 FEET; THENCE SOUTH 41'29'55" WEST 83.69
FEET; THENCE AGAIN SOUTH 02° 41'52" EAST PERPENDICULAR TO SAID SOUTH RIGHT
OF -WAY OF THE CITY OF SEATTLE TRANSMISSION LINE 282.09 FEET TO A POINT 80.00
FEET NORTH OF THE NORTH RIGHT -OF -WAY OF SAID SOUTH 115TH STREET, THENCE
NORTH 83° 23'3 1 WEST PARALLEL WITH AND 80.00 FEET NORTH OF THE NORTH RIGHT
OF -WAY OF SAID SOUTH 115TH STREET 119.69 FEET TO THE TRUE POINT OF BEGINNING.
SUBJECT TO THE FOLLOWING INGRESS, EGRESS, AND UTILITY EASEMENT: ALL THAT
PORTION OF LOT B, KING COUNTY LOT LINE ADJUSTMENT, FILE NUMBER 985024, FOUND
UNDER KING COUNT')' RECORDERS FILE NUMBER 8510170346, KING COUNTY,
WASHINGTON, BEING A. PORTION GOVERNMENT LOT 1, SECTION 10, TOWNSHIP 23
NORTH, RANGE 4 EAST, ,,WILLAMETTE MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY OF
SOUTH It 5TH STREET, AT-SO KNOWN AS U. S. MACADAM ROAD NO. 622, SURVEY 434, OR
ALSO KNOWN AS THE 13 "ILL GOLDSMITH ROAD WITH A LINE 53-00. FEET EAST OF THE
CENTERLINE OF THE SEP.TTLE•TACOMA INTERURBAN RIGHT =OF -WAY, ALSO KNOWN AS
THE PUGET SOUND POWER AND LIGHT COMPANY RIGHT -OF -WAY, NOW KNOWN AS THE
SEATTLE CITY LIGHT RIGHT -CF -WAY; THENCE SOUTH 83° 23' 31" EAST ALONG THE
NORTH RIGHT- OF-WAY OF SAID SOUTH 115TH STREET 46.00 FEET TO THE TRUE POINT OF
BEGINNING. THENCE CONTINUE SOUTH 83 23'31" EAST ALONG THE NORTH RIGHT -OF-
WAY OF SAID SOUTH 115TH STREET 40.00 FEET; THENCE NORTH 20 24' 24" EAST 82.38
FEET TO A POINT 80.00 _FEET NORTH OF THE NORTH RIGHT -OF -WAY OF SAID SOUTH
115TH STREET, THENCE NORTH 83 WEST PARALLEL WITH AND 80.00 FEET NORTH
OF THE NORTH RIGHT -OF -WAY OF SAID SOUTH 115TH STREET 40.00 FEET; THENCE
SOUTH 20 0 24'24" WEST 82.38 FEET TO THE TRUE POINT OF BEGINNING.
The 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.
Dated this day of (0 0 -P( 20 OF
GRANTOR
BY: �i7" 4
Ji ggerton,
STATE OF WASHINGTON
COUNTY OF KING
On this ;Z,f day of c)pa before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
q a orrtDt) to me known to be the person who signed as
1 a of 1 A V W\ �a the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be his /her
free and voluntary act and deed and the free and voluntary act and deed of
for the uses and purposes therein mentioned and on oath stated
thaAV Q was authorized-to execute the said instrument on behalf of said
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IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
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NOTARY PUBLIC in and for the State of Washington,
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