HomeMy WebLinkAbout2003 - Bargain and Sale Deed - King County / Fort Dent Park - 20030106000779 CONFORMED COPY
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BARGAIN AND SALE[ E1932222
01/06/2003 09:56
KING COUNTY, WA
Grantor King County, Washington TAX 0.00
Grantee City of Tukwila SALE 18.00 PAGE 001 OF 003
Legal SW 1/4, Sec. 13, Twp 23 N., Rge 4 E., W.M.
Govt. Lots 1 2, Sec. 23, Twp 23 N., Rge 4 E., W.M.
Govt. Lots 1 5, Sec. 24, Twp 23 N., Rge 4E., W.M.
Tract 36, Second Supplement Map of Renton Shore Lands
Blocks 4 -9 12 -17, Gundaker's Interurban Addn.
Tax Acct. 1323049080, 2323049001, 2423049030 295490 -0426
The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in
consideration of mutual benefits, pursuant to King County Ordinance No. 14550, does hereby
bargain, sell, and convey unto the CITY OF TUKWILA, a municipal corporation of the State of
Washington, the following described lands, situate in King County, Washington, and referred to
herein as the "Property
FORT DENT PARK
Tax Account No. 132304 -9080
A tract of land in the SW 1/4 of Section 13, Township 23 North, Range 4 East,
W.M., in King County, Washington, described as follows Commencing at the
S.W. corner of said Section 13; thence N. 29 114.7 feet; thence N. 6EP21'
E. 153.9 feet; thence S. 66 E. to a point on the Easterly margin of the
Chicago, Milwaukee, St. Paul Pacific Railroad Co. right of way and the true
point of beginning; thence Northeasterly along said Easterly margin of the
Chicago, Milwaukee, St. Paul Pacific Railroad Co. right of way 108 feet, more
or less, to a point on the Southerly margin of Tract 33 of Renton Shorelands 2nd
Supplement, records of King County, Washington; thence Easterly along said
Southerly margin of Tract 33, 33 feet, more or less, to the Westerly margin of
County Road No. 8 (known as Monster Road); thence Southeasterly along said
Westerly margin of County Road No. 8, 104 feet, more or less, to a point which
bears N.74 °13'19" E. from a point within said tract of land which is located on the
Southerly margin of a permanent easement recorded under King County
Auditor's File No. 7202010402 and granted to King County for the P -1 Drainage
Page l of 11
a31SOd
Channel, said point being described by Washington State Lambert Grid
Coordinates (North Zone) N 176, 376.52, E 1, 650, 378.61; thence continuing
Southeasterly along said Westerly margin of County Road No. 8 along a curve to
the left having a radius of 300 feet, the center of which bears N. 2621'49" E., an
arc distance of 50.74 feet; thence S. 7 f 13'19" W. 68.84 feet; thence S. 83
W. 60.83 feet; thence along a curve to the right having a radius of 667.96 feet, the
center of which bears N.15 0 46'41" W. an arc distance of 108.45 feet, more or
less, to the Easterly margin of the Chicago, Milwaukee, St. Paul Pacific
Railroad Co. right of way; thence Northeasterly along said Easterly margin 24
feet, more or less, to the true point of beginning.
SUBJECT TO: 1) Easement in favor of Drainage District No. 1 for flood control
works, as recorded under Recording No. 4717788; 2) Pacific American
Commercial Co. for ingress and egress, as recorded under Recording No.
5833513; 3) Harold R. Iverson and Marion E. Iverson, for ingress and egress, as
recorded under Recording No. 5833514.
Tax Account No. 232304 -9001
All of Government Lots 1 and 2 in Section 23, Township 23 North, Range 4 East,
W.M.; ALSO all that portion of Government Lots 1 and 5 in Section 24, Township
23 North, Range 4 East, W.M., AND all that part of the Lake in Sections 23 and
24 lying West of the right of way of main lines of Chicago, Milwaukee and St. Paul
Railway; ALSO Tract 36, Second Supplement Map of Renton Shore Lands as
shown on the official maps thereof on file in the Office of the Commissioner of
Public Lands at Olympia, Washington.
EXCEPT right of way of Northern Pacific Railway Co.; LESS Coal Minerals
and the right to explore for and mine the same;
TOGETHER WITH and subject to the terms of all easements appurtenant to
the above described property; EXCEPT that certain easement granted to
Pacific American Commercial Co. on the 25th day of July, 1963, by
Container Corporation of America, and recorded in Volume 4616 of Deed,
records of King County, at pages 668, 669 and 670, Auditor's File No.
5833513.
Tax Account No. 242304 -9030
All those parts or portions of Lots 1 and 5, in Section 24, Township 23 North,
Range 4 East, W.M., in King County, Washington, bounded and described as
follows:
Beginning on the West boundary of the R/W of the Burlington Northern, Inc.,
formerly the Northern Pacific Railway Co., at a point which is 550 feet South
and about 100 feet East of the N.W. corner of said Section 24, and running
thence Southeasterly a distance of 300 feet to a point which is distant 70 feet
Westerly from, measured at right angles to, said Burlington Northern, Inc.
R/W boundary; thence Southeasterly parallel to and distant 70 feet Westerly
Page 2 of 11
from said R/W boundary to White River; thence Easterly along said White
River to said R/W boundary; thence Northwesterly along said West boundary
of Burlington Northern, Inc. R/W to point of beginning.
SUBJECT TO: Restrictions and reservations contained in that certain
Warranty Deed to King County, as recorded under Recording No.
7502100393.
Tax Account No. 295490 -0426
That portion of vacated Blocks 4 to 9, inclusive, and vacated Blocks 12 to 17,
inclusive, of Gundaker's Interurban Addition to Seattle (Vacated), according to
plat recorded in Volume 14 of Plats, page 46, in King County, Washington, and
vacated streets adjoining, more particularly described as follows:
Commencing at Highway Engineer's Station P.O.T. (2M) 127 +75.0 on the
2M -line shown on the State Highway Map of Primary State Highway No. 1
(SR405) Green River Interchange, Sheet 2 of 4 Sheets, established by
Commission Res. No. 1192, February 19, 1962; thence Northeasterly at right
angles of said 2M -line North 30 0 27'06" East 284.88 feet; thence tangent to
the preceding course along the arc of a curve to the left having a radius of
300 feet and a central angle of 08 0 19'06 an arc length of 43.56 feet; thence
tangent to the preceding curve North 22 0 08'00" East 309.43 feet; thence
North 30 0 35'15" East 60.00 feet to the True Point of Beginning of the parcel
to be described herein; thence, from said True Point of Beginning from a
tangent that bears North 59 0 24'45 West along the arc of a curve to the left
having a radius of 60.00 feet and a central angle of 89 °41'29 an arc length
of 93.92 feet; thence, North 59 0 24'45" West 183.62 feet, more or less, to the
bank of the Green River; thence along the bank of the Green River North
30 0 04'58" East 116.17 feet to a point thereon; thence leaving said bank of
the Green River South 37 0 36'40" East 137.76 feet; thence South 55 0 24'30"
East 50.12 feet; thence South 59 0 24'45" East 66.73 feet; thence South
30 0 35'15" West 1.82 feet to the True Point of Beginning.
SUBJECT TO: 1) Covenant to bear the cost of construction or repair of road
crossing, easement for which was granted over adjacent property by
instrument, as recorded under Recording No. 5833515, 5990555 and
5990556; 2) Right of the State of Washington in and to that portion, if any, of
the land described which lies below the line of ordinary high water of the
Green River; 3) Any change in the boundary or legal description of the
property due to any shift or change in the course of the Green River; 4)
Rights and easement of the public for commerce, navigation, recreation and
fisheries; and 5) Restrictions on the use of the land resulting from the rights
of the public or riparian owners to use any portion which is now, or has been,
covered by water.
TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT:
Page 3 of I 1
Grantor hereby assigns all its rights, privileges and obligations, subject to the
approval of such assignment by the State of Washington, in the easement
granted by the State of Washington Department of Natural Resources on
June 19, 1974, attached to this Deed as Exhibit A, for right of way for the
construction, use and maintenance of a county road bridge upon, over and
across the following described shorelands in King County, Washington, to
wit:
Those portions of the shorelands of the second class and bed of the Green
River, owned by the State of Washington, situate in front of Government Lot
1, Section 23, and the W. H. Gilliam D. L. C. in Section 24, Township 23
North, Range 4 East, W.M., included within the limits of a strip 60 feet in
width, having 30 feet of such width on each side of the following described
centerline:
Beginning at a point in said Government Lot 1, which is N 2 36'20" W
459.17 feet from the east quarter section corner of said Section 23, running
thence S 59 24' 11" E 199.9 feet to a point in the W. H. Gilliam D. L. C. No.
41, which is N 22 57' 22" E 387.65 feet from the west quarter section corner
of said Section 24, and the terminal point of this centerline description,
having an area of 0.18 acre, as shown on the plat thereof on file in the office
of the Commissioner of Public Lands at Olympia, Washington.
Subject, however, to any rights to be acquired pursuant to the provisions of
Chapter 158, Session Laws of 1959.
RESERVED UNTO KING COUNTY WASHINGTON, THE FOLLOWING
DESCRIBED EASEMENTS ON THE PROPERTY:
1) Easement for drainage channel, as recorded under Recording No.
7203020421; 2) Agreement with Burlington Northern, Inc. for operation and
maintenance of a flood control drainage channel, as recorded under
Recording No. 7302060451; 3) Agreement with the State of Washington for
maintenance of a drainage channel, as recorded under Recording No.
7305220394; 4) Aquatic Easement granted by the State of Washington, as
recorded under Recording No. 8006100511; 5) Easement for drainage canal
granted by Burlington Northern, Inc., as recorded under Recording No.
8002110444.
RESERVED UNTO KING COUNTY, WASHINGTON, THE FOLLOWING
DESCRIBED EASEMENT ON THE PROPERTY:
Grantor hereby reserves a permanent utility easement with the following
terms:
Page 4 of 11
A) The County owns Utility facilities located on and under the Property. An
easement for these Utility facilities had been granted to Municipality of Metropolitan
Seattle (hereinafter Metro) by document dated July 30, 1962, recorded under King
County Recorder's number 5469169( "Metro Easements Since the granting of the
Metro Easements, the County purchased the Property, and the County and Metro
merged, thereby causing a merger of title between the Property and the Metro
Easements. This Reservation of Easement shall supercede and replace the
language of the Metro Easements.
B) The County's agreement to convey the Property to the City is conditioned
upon the County's reservation of a permanent utility easement.
C) The City and County, by accepting and recording this utility easement
reservation, hereby mutually covenant and agree as follows:
1) The County hereby reserves, for the purposes stated below, a permanent
utility easement over, across, along, in, upon and under the Property referred to as
the Utility Easement Area and more particularly described as follows:
That portion of Government Lots 1 and 5, Section 24, Township 23 North,
Range 4 East, W.M., and Government Lot 2, Section 23, Township 23 North,
Range 4 East, W.M., in King County, Washington, lying within a strip of land
50 feet in width, 25 feet on each side of the following described centerline:
Beginning on the Southwesterly margin of the right of way of the Burlington
Northern, Inc., formerly the Northern Pacific Railway Company, at a point
which is 25 feet Northerly of, measured at right angles to, the Green River;
Thence South 86 0 12'08" West 25.43 feet;
Thence North 34 0 19'06" West 491.72 feet to Point "A
Thence continuing North 34 0 19'06" West 160.39 feet to the beginning of a
tangent curve to the right having a radius of 500 feet;
Thence along said curve a distance of 88.39 feet through a central angle of
10 0 07'44" to the beginning of a reverse curve to the left having a radius of 500
feet;
Thence along said curve a distance of 85.73 feet through a central angle of
9 0 49'28" to a point of tangency;
Thence North 34 0 00'48" West 149.71 feet to the beginning of a tangent curve
to the left having a radius of 500 feet;
Thence along said curve a distance of 48.02 feet through a central angle of
5 to a point of tangency;
Thence North 39 0 30'56" West 91.35 feet to the beginning of a tangent curve to
the right having a radius of 500 feet;
Thence along said curve a distance of 45.35 feet through a central angle of
5 °11'50" to a point of tangency;
Thence North 34 0 19'06" West 739.52 feet;
Thence North 79 0 19'06" West 28.67 feet;
Thence North 89 0 41'02" West 33.97 feet;
Thence South 67 0 48'58" West 173.89 feet to Point "B
Page 5 of 11
Thence continuing South 67 1 48'58" West 115.14 feet;
Thence North 67 °11'02" West 29.91 feet to a point on the centerline of the
Green River Bridge projected Southerly;
Thence Northerly along said projected centerline 10 feet, more or less, to the
Green River, and the terminus of said line.
Together with a strip of land 20 feet in width, the centerline of which is
described as follows:
Beginning at a point South 55 0 40'54" West 25 feet from the above described
Point "A
Thence South 55 0 40'54" West 400 feet;
Also together with a strip of land 20 feet in width, the centerline of which is
described as follows:
Beginning at a point South 22 °11'02" East 25 feet from the above described
Point "B
Thence South 22 °11'02" East 40 feet
2) The Utility Easement being granted herein is for the purpose of installing,
constructing, operating, maintaining, removing, re- constructing, repairing, replacing
and using sewer pipeline, pipelines, re- claimed water lines or other transmission or
conveyance lines, including but not limited to communication lines or devices and
optic lines with all connections, manholes and appurtenances thereto (hereinafter
collectively referred to as "facilities within the Utility Easement Area, together with
the right of ingress to and egress from said described property for the foregoing
purposes.
3) The term of the utility easement shall be perpetual, and shall be appurtenant
to, be binding upon, and run with the Property.
4) County shall, if the above described Property is disturbed by the maintenance,
removal, repair or replacement of the facilities specified herein, restore the surface of
the above described Property as nearly as possible to the condition in which it existed
at the commencement of said maintenance, removal, repair or replacement.
5) County shall indemnify, defend and hold harmless City, its elected officials,
staff, officers, agents and employees, from and against any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including costs and attorneys fees in defense and costs on appeal thereof, for injuries,
sickness or death of persons or damage to property, which is caused by or arises out
of said County, its officers, agents, or employees' errors or omissions in the
performance of activities related to this easement, provided, however, that County's
obligation to indemnify, defend and hold harmless shall not extend to injuries,
sickness, death or damage caused by or resulting from the sole negligence of City, its
elected officials, officers, agents or employees. County agrees that it's obligations
under this paragraph extend to any claim, demand, and /or cause of action brought by
or on behalf of any of it's employees, or agents. For this purpose, County by mutual
negotiation, hereby waives as respects the City only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions
of Title 51 RCW.
Page 6 of 11
6) City shall indemnify, defend and hold harmless County, its elected officials,
staff, officers, agents and employees, from and against any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including costs and attorneys fees in defense and costs on appeal thereof, for injuries,
sickness or death of persons or damage to property, which is caused by or arises out
of said City, its officers, agents, or employees' acts, errors or omissions on the
Property, both inside and outside the Utility Easement Area, provided, however, that
City's obligation to indemnify, defend and hold harmless shall not extend to injuries
sickness, death or damage caused by or resulting from the sole negligence of County,
its elected officials, officers, agents or employees. City agrees that it's obligations
under this paragraph extend to any claim, demand, and /or cause of action brought by
or on behalf of any of it's employees, or its agents. For this purpose, City, by mutual
negotiation, hereby waives, as respects the County only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions
of Title 51 RCW.
7) All right, title, and interest that may be used and enjoyed without interfering
with the Reservation of Utility Easement rights are reserved to the City. Except as
otherwise provided herein, and after the date of this agreement, the construction,
installation, or maintenance of any structures, whether temporary or permanent, shall
be absolutely prohibited within the above described permanent easement area and
shall be deemed an unreasonable interference with County's easement rights unless
specifically approved in writing by the County. Moreover, as to such non approved
structures, the provisions of paragraph 4 and 5 above, shall not apply.
RESERVED UNTO KING COUNTY, WASHINGTON, THE FOLLOWING
DESCRIBED EASEMENT ON THE PROPERTY:
Grantor hereby reserves a permanent river protection easement, which shall be a
perpetual easement for the purposes 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 Property:
All portions of the Property that are riverward of a line that is parallel
to and thirty (30) feet landward of the stable top of the river bank on
the Green River "Easement Area as constructed or
reconstructed, together with reasonable ingress and egress upon
the Property to access the Easement Area.
Grantor shall have the right at such time as may be necessary and at the Grantor's
sole discretion, to enter upon the Property and to have unimpeded access to, in and
through the Easement Area for the purposes of exercising the Grantor's rights as
described herein.
Grantee agrees not to plant non native vegetation within the Easement Area and not
to remove or otherwise alter any improvements installed by Grantor, including any
Page 7 of 11
native vegetation that may be planted and any flood protection works that may be
constructed, within the Easement Area, without the prior approval of Grantor. Nothing
contained herein shall be construed as granting any license, permit or right, otherwise
required by law, to Grantee 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 Grantor nor Grantee is 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 Grantor by any state statute, including Chapter 86.12 of the Revised Code
of Washington, or as otherwise granted or provided for by law.
The rights, conditions, and provisions of this easement shall inure to the benefit of and
be binding upon the heirs, executors, administrators, and successors in interest and
assigns of Grantor and Grantee.
SUBJECT TO THE FOLLOWING COVENANTS, WHICH ARE INTENDED TO BE
RUNNING COVENANTS BURDENING AND BENEFITING THE PARTIES
SUCCESSORS AND ASSIGNS:
The City, as required by RCW 36.89.050, covenants that the Property shall be
continued to be used for open space, park, or recreation facility purposes or that other
equivalent facilities within the County shall be conveyed to the County in exchange
therefore.
The City covenants that it shall abide by and enforce all terms, conditions and
restrictions in King County Resolution 34571, including that the City covenants that
the Property will continue to be used for the purposes contemplated by Resolution
34571, that the Property shall not be transferred or conveyed except by agreement
providing that such lands shall continue to be used for the purposes contemplated by
Resolution 34571, and that the Property shall not be converted to a different use
unless other equivalent lands and facilities within the County or City shall be received
in exchange therefore.
The City acknowledges that there are outstanding bonds that were used to finance the
Property and covenants that it shall not use the Property in a manner that would
cause the interest on County bonds related to the Property to no longer be exempt
from federal income taxation. If the City intends to take an action that could affect the
Page 8 of 11
tax exempt status of any outstanding bonds, such as transferring the property, limiting
the public use of the Property, or causing the Property to be privately managed, the
City may request in writing that the County concur that such action will not affect the
tax exempt status of any'outstanding bonds. Such request must contain sufficient
information regarding the intended use of the Property for the County and its bond
counsel to fully evaluate the proposal. If the County concurs, the County may not
subsequently assert that such action violates this covenant. In determining whether a
requested action will or will not affect the tax exempt status of any outstanding bonds,
the County agrees to use good faith, to not unreasonably withhold concurrence, and
to make its determination or to ask for additional information within 45 days of a
written request to do so by the City. If the County fails to respond to the City's request
or ask for additional information within the 45 day period, the County may not
subsequently assert that such action violates this covenant. If the County asks for
additional information within the 45 day period, the County will have an additional 30
days from the receipt of the additional information to make its determination or the
County may not subsequently assert that said action violates this covenant.
The City further covenants that it will not limit or restrict access to and use of the
Property by non -city residents in any way that does not also apply to city residents.
The City covenants that if differential fees for non -city residents are imposed, they will
be reasonably related to the cost borne by city taxpayers to maintain, improve or
operate the Property for parks and recreation purposes.
The City acknowledges that a portion of the Fort Dent Park Green River Trail runs across the
Property and covenants to maintain in perpetuity the Trail for public trail purposes and
to maintain in perpetuity the connections between the Trail on the Property with the
portions of the Green River Trail that are outside of the Property.
The City covenants that it shall place the preceding covenants in any deed
transferring the Property or a portion of the Property for public park, recreation or
open space uses.
Dated this 3rd day of J n t4a rtj 2003
KING COUNTY, WASHINGTON
BY
TITLE Al'e k4
J
Page 9 of I I
STATE OF WASHINGTON
SS
COUNTY OF KING Q
I certify that Kr� u 5V0Wn signed this instrument, on oath
stated that he was authorized by the King C unty Executive to execute the instrument, and
acknowledged it as the �UGrfri es MGm +.��V Dire hy of King County,
Washington to be the free and volunt* act of said County for the uses and purposes
mentioned in the instrument.
Dated 3, X0 03
M�Sg��aErA ;A�'o�, NOTARY PUBNC in and for the Slate
s of Washington, residing at
MuT My appointment expires t. -0
�wAaw��'0'���
Page 10 of 11
CITY OF TUKWILA
BY N^-,
TITLE
DATE 1/4 0 3
STATE OF WASHINGTON
SS
COUNTY OF KING
On this day personally, appeared efore me mute w M
to me known to be the of the City of Tukwila, the municipal
corporation of the State of Wa ington that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said City for the
uses and purposes therein mentioned, and that he /she was authorized to execute the said
instrument.
Dated
pww
NOTARY PUBLIC in and for th State
of Washington, residing at
w My appointment expires
Page 11 of 11