HomeMy WebLinkAbout2003 - Intergovernmental Land Transfer Agreement - King County / Fort Dent Park - 20030106000778Document Title(s) (or transactions contained therein): (all areas applicable to your document must be idled o)
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Return Address'
KINGCOUNPY O ERTI'SEES
500 K.C. ADMINISTRATION BLDG.
500 FOURTH AVENUE
SEATTLE, WA 98104
ADM- ES -oSOC
CONFORMED COPY
20030106000778
KING COUNTY PR AG 0.00
PAGE 001 OF 021
KING6COUNTY, UA
Moat ortut ornetInformation WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65 04)
03-01
Intergovernmental Land Transfer Agreement Between
King County and the City of Tukwila
Relating to the Ownership, Operation and Maintenance of Parks,
Open Space, Recreation Facilities and Programs
This Agreement is made and entered into this day by and between the City of Tukwila,
hereinafter called "City and King County, hereinafter called "County
WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities
and programs and other municipal programs, facilities and property inside its boundaries; and
WHEREAS the County, under the authority of RCW 36.89.050, King County Resolution 34571
and other federal, state and county laws, has acquired and developed a substantial park,
recreation and open space system that depends on the continued operation of its many individual
properties and facilities in order to fully serve the needs of the residents of King County and the
cities within it; and
WHEREAS the County desires to divest itself of ownership, management, and financial
responsibility for parks, open space, recreational facilities and programs inside and near the City
boundaries; and
WHEREAS the County does not have a sufficient, stable source of revenue to continue to
manage and maintain its parks, open space, recreational facilities and programs at current levels;
and
WHEREAS the County is legally restricted from converting many of these parks, open space,
and recreational facilities from their current uses without expending funds to replace the
converted facilities; and
WHEREAS given the legal restriction regarding conversion of the properties, the marketability
of the properties is limited and, as a result, the cost of operating the facility is approximately
equal to the value of the property to the County; and
WHEREAS to the extent the City provides scholarships, reduced fees or other means of assuring
access to parks and recreational programming for City residents, the City has a goal of ensuring
that such scholarships or other needs -based rates and programs are available to all persons
desiring to use the park and recreational programs regardless of residency, and
WHEREAS it is in the best interest of the public that the City and the County take those actions
necessary to meet those desires and to cooperate in any transition to insure a smooth transition
and avoid service disruption;
it/ '.3
ORIGINALS
1. Conveyance of Title
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City
and the County agree as follows:
1.1.Within thirty (30) days of execution of this Agreement, King County shall convey to the
City by deed all its ownership interest, and /or, when possible, by assignment, any
leasehold interest or shared use responsibility, in the following listed park /recreation
site(s), which are described more fully in Exhibits A and B (the "Property
FORT DENT PARK
1.2 All deeds shall also contain the following specific covenants pertaining to use, which
covenants shall run with the land for the benefit of the County and the County land that
makes up its public park, recreation and open space system. The County and the City
agree that the County shall have standing to enforce these covenants, which shall be set
forth as follows:
"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 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
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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 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."
1.3 In conveying the Property by deed, the County shall reserve a utility easement for the
sewer line that is currently located on the Property in substantially the same form as
attached hereto as Exhibit C. The utility easement legal description will be verified, and
if necessary, amended, based on field survey results. The survey will be completed, and
any amendments made to the reservation of sewer easement, prior to recording.
1.4 In conveying the Property by deed, the County shall reserve a River Protection Easement
in substantially the same form as attached hereto as Exhibit D.
2. Existing Restrictions, Agreements, Contracts or Permits, Representations and
Warranties
2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and
covenants of title at the time of conveyance and /or in the deed of conveyance.
2.2 The County has issued the following special use permits for use of portions of the
Property: Special Use Permit No. S -67 -01 with JCR Development Co. for an
underground communication conduit to provide telephone and computer data line
service and Special Use Permit S- 111 -97 to the City of Tukwila to operate and maintain
the trail on the Property. These Special Use Permits will be extinguished upon transfer
of title to the City.
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3. Protection of Art
3.1 The King County artwork currently located at the site referenced in Section 1.1, which is
an untitled carved wooden sculpture, shall remain on site, and shall remain the sole
property of King County. This Intergovernmental Agreement shall not be construed as
conveying ownership of such artwork to the City. The City and the County hereby agree
at a later date to negotiate a separate long -term agreement for any such artwork, which
fully protects and preserves the artwork, respects the legal rights of the artist(s) and
assures continuity of care for and continued public access to these assets. Prior to the
execution of such future agreement, the City shall consult with the County prior to
undertaking any activity which may impact access to and /or affect any such artwork.
4. Condition of Premises and Responsibility for Operations, Maintenance, Repairs,
Improvements, and Recreation Services
4.1 The City has inspected and knows the condition of the Property and agrees to accept the
Property in AS IS condition, and to assume full and complete responsibility for all
operations, maintenance, repairs, improvements of, and provision of recreational
services at, the Property.
4.2 King County does not make and specifically disclaims any warranties, express or
implied, including any warranty of merchantability or fitness for a particular purpose,
with respect to the Property, and no official, employee, representative or agent of King
County is authorized otherwise.
4.3 The City acknowledges and agrees that except as indicated in paragraph 5.2, the County
shall have no Liability for, and that the City shall release and have no recourse against the
County for, any defect or deficiency of any kind whatsoever in the Property without
regard to whether such defect or deficiency was known or discoverable by the City or the
County.
5. Environmental Liability
5.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic
wastes, materials, or substances as defined in state or federal statutes or regulations as
currently adopted or hereafter amended.
5.2 Nothing in this agreement shall be deemed to waive any statutory claim for contribution
that the City might have against the County under federal or state environmental statutes
that arises from hazardous materials deposited or released on the Property by the County
during the County's period of ownership. The City may not, however, assert such a
claim to the extent that the City creates the need for or exacerbates the cost of
remediation upon which a statutory claim for contribution is based as a result of the City
performing construction activities on the Property, changing the configuration of the
Property, or changing the use of the Property.
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6. Indemnification and Hold Harmless
5.3 If the City discovers the presence of hazardous materials at levels that could give rise to
a statutory claim for contribution against the County it shall immediately notify the
County in writing. Such notice shall in no event be provided more than 30 days after
discovery. The parties shall make their best efforts to reach agreement as to which party
is responsible for remediation under the terms of the Agreement prior to undertaking any
remediation.
5.4 In no event shall the County be responsible for any costs of remediation that exceed the
minimum necessary to satisfy the state or federal agency with jurisdiction over the
remediation.
6.1 King County shall indemnify and hold harmless the City and its elected officials,
officers, agents or employees, or any of them, from and against any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i)
which are caused by or result from a negligent action or omission of King County, its
officers, agents and employees in performing its obligations pursuant to this Agreement,
and /or (ii) arising from those occurrences related to the Property that occurred prior to
the effective date of conveyance of the Property to the City, except to the extent that
indemnifying or holding the City harmless would be limited by Section 5 of this
Agreement. In the event that any suit based upon such a claim, action, loss or damage is
brought against the City or the City and King County, King County shall defend the
same at its sole cost and expense and, if final judgment be rendered against the City and
its elected officials, officers, agents and employees or jointly against the City and King
County and their respective elected officials, officers. agents and employees, King
County shall satisfy the same.
6.2 In executing this Agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility which arises in whole or
in part from the existence or effect of City ordinances, rules or regulations. If any cause,
claim, suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City ordinance, rule or regulation is at issue,
the City shall defend the same at its sole expense and if judgment is entered or damages
are awarded against the City, the County or both, the City shall satisfy the same,
including all chargeable costs and attomey's fees.
6.3 The City shall indemnify and hold harmless King County and its elected officials,
officers, agents and employees, or any of them, from and against any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i)
which are caused by or result from a negligent act or omission of the City, its officers,
agents and employees in performing obligations pursuant to this Agreement, and /or (ii)
arising from those occurrences related to the Property that occurred on or after the
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6.4 Each Party to this Agreement shall immediately notify the other of any and all claims,
actions, losses or damages that arise or are brought against that Party relating to or
pertaining to the Property.
effective date of conveyance of the Property to the City, except to the extent that
indemnifying or holding the County harmless would be limited by Section 5 of this
Agreement. In the event that any suit based upon such a claim, action, loss or damage is
brought against King County or King County and the City, the City shall defend the
same at its sole cost and expense and, if final judgment be rendered against King County
and its officers, agents and employees or jointly against King County and the City and
their respective officers, agents and employees, the City shall satisfy the same.
6.5 Each party agrees that its obligations under this paragraph extend to any claim, demand,
and /or cause of action brought by or on behalf of any employees, or agents. For this
purpose, each party, by mutual negotiation, hereby waives, with respect to the other party
only, any immunity that would otherwise be available against such claims under the
Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to
indemnify the other party.
7. Audits and inspections
7.1 Until December 31, 2008, any of either party's records related to any matters covered by
this Intergovernmental Agreement not otherwise privileged shall be subject to
inspection, review, and /or audit by either party at the requesting party's sole expense.
Such records shall be made available for inspection during regular business hours within
a reasonable time of the request.
8. Waiver and Amendments
8.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a
waiver of any prior or subsequent breach. No term or condition shall be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto.
9. Entire Agreement and Modifications
9.1 This Intergovernmental Agreement and its Exhibits sets forth the entire agreement
between the parties with respect to the subject matter hereof. It may be supplemented by
addenda or amendments, which have been agreed upon by both parties in writing.
Copies of such addenda and amendments shall be attached hereto and by this reference
made part of this contract as though fully set forth herein.
10. Duration and Authority
10.1This agreement shall be effective upon signature and authorization by both parties. The
terms. covenants, representations and warranties contained herein shall not merge in the
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deed of conveyance, but shall survive the conveyance and shall continue in force unless
both parties mutually consent in writing to termination.
11. Notice
11.1 Any notice provided for herein shall be sent to the respective parties at:
King County
King County Executive
City
Parks Director
IN WITNESS WHEREOF, the parties have executed this Agreement.
King County City of Tukwila
tt t i SALA ..ili 2A, A.
King County Executive Mayor
4103
Date
Date
/3 /D
Approved as to Form.
King County
Deputy Prosecuting Attorney
1 13' e'S
Date
7
d o-04 intntai2A-
Approved as to Form.
Date
COUNTY OF KING
STATE OF WASHINGTON)
SS
On this 2 day of 44 As__ 200 before me, the undersigned,
a Notary Public in and for the ate if Washingto 4 dul commissioned and sworn personally
appeared, to me known to be the vidual described in and who executed the forgoing
instrument, and acknowledged to me that signed and sealed the said
instrument as t,(/d free and voluntary act and deed for the uses and purposed therein
mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
STATE OF WASHINGTON)
COUNTY OF KING
SS
M
Z. i aotaer
tO PU B~ o
8
egthytt I-1 I Q.tkc/ t-
Notary Public in and for the
State of Washington, residing
City and State
My appointment expires aj01 1
On this iii day of JahutCtx(y 2003 before me, the undersigned.
a Notary Public in and for the State of Washington, duly commissioned and sworn personally
appeared, to me known to be the individual described in and who executed the forgoing
instrument, and acknowledged to me that Sint signed and sealed the said
instrument as k Q.( free and voluntary act and deed for the uses and purposed therein
mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
Notary Public in and for the
State of Washington, residing
at &At, tt'f
City and State
My appointment expires
;big
EXHIBIT A
King County Parks Transferring to the City of Tukwila
Name of park Amenities /facilities
Fort Dent Park Soccer fields, baseball fields, Green River trail
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EXHIBIT B
Legal Descriptions
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 °51' W. 114.7 feet; thence N.66 °21' E.
153.9 feet; thence S.66 °57' 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 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. 25 °21'49" E., an arc distance of 50.74 feet; thence S.
74 °13'19" W. 68.84 feet; thence S. 83 °41'02" 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 °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
1 0
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 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 °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 °19'06 an arc length of 43.56 feet; thence tangent to the
preceding curve North 22 °08'00" East 309.43 feet; thence North 30 °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 °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 °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 °04'58" East 116.17 feet to
a point thereon; thence leaving said bank of the Green River South 37 °36'40"
East 137.76 feet; thence South 55 °24'30" East 50.12 feet; thence South
59 °24'45" East 66:73 feet; thence South 30 °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,
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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; 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; and 6)
Regulatory controls by the State Supervisor of Flood Control.
RESERVED UNTO King County, Washington, the following easements, which easements shall
be the same as those described in the documents recorded as follows: 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; and 5)
Easement for drainage canal granted by Burlington Northern, Inc., as recorded under
Recording No. 8002110444.
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Recording Requested By And
When Recorded Mail To:
King County
Department of Natural Resources and Parks
Wastewater Treatment Division
MS KSC -NR -600
201 South Jackson Street
Seattle, WA 98104 -3855
EXHIBIT C
Sewer line Easement
Grantor: City of Tukwila, a municipal corporation
Grantee: King County, a political subdivision of the State of Washington
Abbreviated Legal Description: PTNS NE 1/4 23- 23N -04E, NW' 'A 24- 23N -04E AND SW %4 13-
23N-04E
Project: Fort Dent Transfer
Parcel Nos.: 1323049080; 2323049001; 2423049030
RESERVATION OF UTILITY EASEMENT
THIS RESERVATION OF UTILITY EASEMENT is made and effective as of
2002, between King County, a political subdivision of the State of
Washington, its successors and assigns (hereinafter together referred to as "County and City of
Tukwila, a municipal corporation in the State of Washington, its successors and assigns
(hereinafter together referred to as "City
RECITALS
A. City has agreed to acquire from the County and the County has agreed to convey to
the City, for and in consideration of the terms and conditions of that certain inter -local
transfer agreement, dated by and between City and County, and
other valuable considerations, the receipt of which is hereby acknowledged, and
hereby agree to the reservation for the benefit of County, of a permanent easement
over, across, along, in, upon and under, the legally described property on Exhibit A
attached hereto "Property
B. 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.
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c. The County's agreement to convey the Property to the City is conditioned upon the
County's reservation of a permanent utility easement.
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 more particularly described in
Exhibit B, attached hereto and incorporated herein by reference "Utility Easement "Area)
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.
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
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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.
GRANTOR:
By:
Its
Dated:
WITNESSETH, the City has hereunto signed the day and year first above written.
STATE OF WASHINGTON
SS
COUNTY OF KING
On this day of 2002, before me the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the of the City
of a Washington political subdivision of the State if Washington, that executed
the foregoing instrument and acknowledged the said instrument to be the free and voluntary act
and deed of said for the uses and purposes therein mentioned and on
oath stated that s/he was authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
Notary Public in and for the State of Washington, residing at
My appointment expires
15
ACCEPTED AND APPROVED:
KING COUNTY
BY:
Pam Bissonnette, Director
Department of Natural Resources and Parks
STATE OF WASHINGTON
SS
COUNTY OF KING
On this day of 2001, before me the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Pam Bissonnette, to me known to be the Director of the Department of Natural Resources and
Parks of the County of King, a political subdivision of the State if Washington, that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary act and
deed of said County for the uses and purposes therein mentioned and on oath stated that she was
authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
Dated:
Notary Public in and for the State of Washington, residing at
My appointment expires
Exhibit A LEGAL DESCRIPTION
See Exhibit B above.
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Exhibit B UTILITY EASEMENT
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 either side of
the following described centerline:
Beginning at a point 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 White River;
Thence South 86 °12'08" West 25.43 feet;
Thence North 34°19'06" West 652.11 feet to a point on 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 °07'44" to a point
on 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 °49'28" to a point of
tangency;
Thence North 34 °00'48" West 149.71 feet to a point on a 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 °30'08" to a point on
a reverse 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 °19'06" West 739.53 feet;
Thence North 79°19'06" West 28.67 feet;
Thence North 89 °41'02" West 33.97 feet;
Thence South 67 °48'58" West 289.03 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.
ALSO, a line perpendicular to the center -line described above, between the existing soccer and
rugby fields, 410 feet in length and 10 feet in width;
ALSO, a line perpendicular to the center -line described above, near the existing ball fields, 55
feet in length and 10 feet in width.
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AFTER RECORDING RETURN TO:
King County Property Services Division
500A King County Administration Building
500 Fourth Avenue
Seattle, WA 98104
EXHIBIT D
River Protection Easement
Document Title: River Protection Easement
Reference Number of Related Document:
Grantor(s):
Grantee(s): King County
Legal Description:
Assessor's Tax Parcel Number:
RIVER PROTECTION EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, the GRANTOR(S),
owner(s) in fee of that certain parcel of land (the "Property legally described as follows:
INCLUDE LEGAL DESCRIPTION HERE
hereby grant(s) to KING COUNTY, a political subdivision of the State of Washington its
successors and assigns, agents and licensees (GRANTEE), 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 above described Property:
All portions of the above described parcel 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.
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together with reasonable ingress and egress upon the Property to access the
Easement Area.
Grantee 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 purposes of exercising the Grantee's rights as described herein.
Grantor agrees not to plant non native vegetation within the Easement Area and not to remove or
otherwise alter any improvements installed by Grantee, including any native vegetation that may
be planted and any flood protection works that may be constructed, within the Easement Area,
without the prior approval of Grantee. Nothing contained herein shall be construed as granting
any license, permit or right, otherwise required by law, to Grantor 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 Grantee 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.
GRANTOR GRANTOR
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STATE OF WASHINGTON
COUNTY OF KING
On this day of 20 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the individual described in and who executed
the foregoing instrument, and acknowledged to me that he /she signed and sealed the said
instrument as free and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal the
NOTARY PUBLIC in and for the
State of Washington, residing
at
My commission expires
ss.
20
day of 20