HomeMy WebLinkAbout1991 - Res 1189 - Land Donation from State Farm Insurance and Horizon Hotels (River Trail) - 9111201289 OCT 24 RED
CITY OF TUKWILA
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RESOLUTION NO. 1189
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ACCEPTING THE U,
DONATION OF CERTAIN REAL PROPERTY TO THE
CITY BY STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY AND HORIZON HOTELS
PARTNERSHIP AND AUTHORIZING THE MAYOR TO
ACCEPT THE DONATION ON BEHALF OF THE CITY.
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WHEREAS, State Farm Mutual Automobile Insurance Company is the owner of two
thirds, and Horizon Hotels Partnership is the owner of one third, as tenants in common, of those
portions of Blocks 9, 12, 13, 14, 15 and 16 of Gundaker's Addition to Seattle, and as more fully
described on Exhibits A and B attached hereto, located within Tukwila, Washington, and
WHEREAS, the City's Park and Open Space Plan identifies a goal to establish a river
trail and provide public access to the shoreline, and the City Council deems it desirable to accept
the donation,
OC NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
(v WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS:
O
N ACCEPTANCE OF DONATION. Subject to the execution of documents necessary to
convey clear and marketable title to the City, and to the execution by the City of an appropriate
U7 Temporary Construction Easement and Storm Drain Easement and Agreement, the City Council
hereby authorizes the Mayor to accept the land donation by State Farm Mutual Automobile
Insurance Company and Horizon Hotels Partnership. The legal description of the real property
to be donated is attached hereto as Exhibits A and B and incorporated herein by this reference as
if fully set forth.
PASSED BY THE CITY COUNCIL OF3PE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this /9 day of 1991.
Dennis L. Robertson, Council President
ATTEST /AUTHENTICATED:
e E. Cantu, City Clerk
APPROVED AS TO FORM:
w e"
OFFICE OF CITY ATTORNEY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number I P 9
RIVERBANK PROPERTY
ALL THAT PORTION OF BLOCKS 9, 12, 13, 14, 15
AND 16 OF GUNDAKER'S ADDITION TO SEATTLE, AS
PER PLAT RECORDED IN VOLUME 14 OF PLATS, AT
PAGE 46, RECORDS OF KING COUNTY, AND THE
VACATED STREETS ADJOINING, LYING BETWEEN THE
THREAD OF THE GREEN RIVER AND THE SOUTHERLY
AND EASTERLY LINES OF SHORT PLAT NO. 79 -SS,
ACCORDING- TO SHORT PLAT RECORDED UNDER KING
COUNTY RECORDING NO. 7908210370.
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EXHIBIT A
18001146/071591 /1129
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Law Offices
BETTS
PATTERSON
MINES
A Professional Service Corporation
800 Financial Center
1215 Fourth Avenue
Seattle, Washington 98161 -1090
Telecopier: (206) 343 -7053
(206) 292 -9988
November 22, 1991
Jane Cantu, City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Re: Donation of Green River Riverfront Property to City of
Tukwila
Dear Ms. Cantu:
The donation by State Farm Mutual Automobile Insurance
Company and Horizon Hotels Partnership of Green River riverfront
property to the City of Tukwila was completed on November 22,
1991. Enclosed for the City of Tukwila's records are copies of
the following documents that were recorded on November 22, 1991:
1. Bargain and Sale Deed, and
2. Temporary Construction Easement, Storm Drain Easement
and Agreement.
Thank you for your assistance in completing this transaction.
Si uz
Bruce H. Hurst
BHH:chs
Enclosures
cc: State Farm Insurance Companies (w /encls.)
Judith A. Bigelow, Attorney for Horizon
Hotels Partnership (w /encls.)
City of Tukwila (w /encls.)
Attn: Don Williams, Director, Parks and Recreation Dept.
32006631/112291 /1605
FILED FOR RECORD AT REQUEST OFs COPY OF
BETTS, PATTERSON MINES, P.S. OPJCINA.
1215 Fourth Avenue
800 Financial Center NOV 2 2 1991
Seattle, Washington 98161 -1090
Attentions Bruce H. Hurst PiTecWr of Records r
Elections
BARGAIN AND SALE DEED
1
The Grantors, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
an Illinois corporation, as to an undivided 66.67% interest, and
HORIZON HOTELS PARTNERSHIP, a Louisiana general partnership, as to
an undivided 33.33% interest, as tenants -in- common, for and in
consideration of Grantee's execution and delivery of the Temporary
Construction Easement, Storm Drain Easement and Agreement described °4
below and other good and valuable consideration, hereby bargain,
sell and convey to THE CITY OF TUKWILA, a municipal corporation,
the following described real estate, situated in the County of
King, State of Washington:
(':..i
ALL THAT PORTION BLOCKS 9, 12, 13 14, 15 AND t
16, GUNDAKER'S INTERURBAN ADDITION TO SEATTLE,
ACCORDING TO THE PLAT RECORDED IN VOLUME 14 OF
PLATS, PAGE 46, IN KING COUNTY, WASHINGTON,
AND THE VACATED STREETS ADJOINING, LYING
BETWEEN THE THREAD OF THE GREEN RIVER AND THE
SOUTHERLY AND EASTERLY LINES OF SHORT PLAT
NO. 79 -SS, ACCORDING TO SHORT PLAT RECORDED
UNDER KING COUNTY RECORDING NUMBER 7908210370.
Grantors, and each of them, hereby reserve the easements and rights
described in that certain Temporary Construction Easement, Storm
Drain Easement and Agreement described below.
SUBJECT TO:
TEMPORARY CONSTRUCTION EASEMENT, STORM DRAIN EASEMENT AND
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AGREEMENT BETWEEN GRANTORS AND GRANTEE, DATED 9r
1991 AND RECORDED November 22 1991, AS KING COUNTY
RECORDER'S NO. 911 1 22 190 SECOND HALF 1991 REAL ESTATE
TAXES; LIABILITY TO THE LIEN FOR STORM AND SURFACE WATER
CHARGES LEVIED PURSUANT TO RCW 35.67 AND CITY OF TUKWILA
ORDINANCE NOS. 1523 AND 1549, PLUS INTEREST AND /OR PENALTIES
AFTER DELINQUENCY; EASEMENTS TO CONSTRUCT AND MAINTAIN RIP /RAP
BANK PROTECTION AND REMOVE DEBRIS ALONG THE BANKS OF THE GREEN
RIVER, ALSO ANY REASONABLE ACCESS NECESSARY FOR RIVER
IMPROVEMENT WORK, AS GRANTED TO KING COUNTY BY INSTRUMENTS
RECORDED NOVEMBER 15, 1961, UNDER AUDITOR'S FILE NOS, 5353688
8 and 5353689; COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED
IN INSTRUMENT RECORDED AUGUST 21, 1979, AS KING COUNTY
RECORDER'S NOS. 7908210380 AND 7908210381; AGREEMENT DATED
MAY 22, 1973, FILED UNDER KING COUNTY SUPERIOR COURT CAUSE
NO. 725392, BETWEEN ARTHUR DESIMONE AND FIORITO BROS., A
PARTNERSHIP, AND JACOB NIELSEN AND MARIEN NIELSEN, HUSBAND AND
WIFE; ANY ADVERSE CLAIM BY REASON OF ANY CHANGE IN THE
LOCATION OF THE BOUNDARY OF SAID PREMISES WHICH MAY RESULT
FROM ANY CHANGE IN THE LOCATION OF THE GREEN (WHITE) RIVER;
g RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION OF THE
SUBJECT PREMISES LYING IN THE FORMER BED OF THE GREEN (WHITE)
g RIVER; ANY ADVERSE CLAIM BY REASON OF THE QUESTION OF
LOCATION, BOUNDARY OR AREA OF SAID LAND WHICH MAY BE DEPENDENT
UPON THE LOCATION OF THE LINE OF ORDINARY HIGH WATER OF THE
18001296/091991 /1008
GREEN (WHITE) RIVER; RIGHT OF USE, CONTROL OR NAVIGATION BY
THE UNITED STATES OF AMERICA, IN THE EXERCISE OF POWERS OVER
NAVIGATION; ANY PROHIBITION OR LIMITATION ON THE USE,
OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS
OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY WATERS WHICH MAY
COVER THE LAND; ANY LACK OF A RIGHT OF ACCESS TO OR FROM A
PUBLIC ROADWAY.
DATED this 2.1 day of dc--nggg- 1991.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
Bye i /n �s
It JJRU.YkL we FrewdM
HORIZON HOTELS PARTNERSHIP, a
Louisiana General Partnership
Its: P ACCEPTANCE
Grantee Grantee hereby accepts the donation of the real estate
described herein, subject to the Temporary Construction Easement,
Storm Drain Easement and Agreement and other matters described
above.
DATED this /J day of 1991.
CITY F TUKWILA
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18001296/091991 /1008 2
STATE OF ILLINOIS
ss.
COUNTY OF MCLEAN
On this 29th day of October 1991, before me
personally appeared lice Cal l ig to me known to be the
Vi Presiden of STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be' the
free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument and that the seal affixed is
the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year firstt a bove written.
"OFFICIAL SEAL" Title: Notary Public
Ina M. Vandegraft Residing at Bloopoington. IL
Notary public, State of Illinois My appointment expires: 8 -3d -9 5
My Commission Expires 8/30/95
STATE OF LOUISIANA
ss.
PARISH OF
On this (L of �C l (A 1991, before me, the
undersigned, a Notary Public in and for the Sta e f Louisiana
personally appeared 4
a general partner of HORIZON HOTELS PARTNERSHIP, a
Louisiana general partnership, and personally known to me to be the
individual named in and who executed the foregoing instrument as
his /her free and voluntary act and deed, and acknowledged the same
to be the free and voluntary act and deed of HORIZON HOTELS
PARTNERSHIP for the uses and purposes therein stated and on oath
stated that he(she) was authorized to execute said instrument on
behalf of said partnership.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
Title: Notarj�Public
Residing at
My appointment expires:
18001296/091991 /1008 3
�4VYY U
TEMPORARY CONSTRUCTION EASEMENT,: N ��.N)9g(
N'�'
STORM DRAIN EASEMENT AND AOREEME
Director of Records
Elections
THIS EASEMENT AND AGREEMENT is made this Q day of
1991 by and among the CITY OF TUKWILA, a municipal
core anon (the "City','); STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, an Illinois corporation "State Farm and HORIZON.
HOTELS, a Louisiana general partnership "Horizon Hotels (State
Farm and Horizon Hotels are hereinafter sometimes collectively
referred to as "Grantors with reference to the following o
facts:
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RECITALS:
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A. State Farm is the owner of certain real property in the
City of Tukwila, King County, Washington legally described in
attached Exhibit A "State Farm Property ti
A
B. Horizon Hotels is the owner of certain real property in
the City of Tukwila, King County, Washington legally described in
attached Exhibit B "Horizon Hotels Property
C. The City of Tukwila is the owner of a 20 -foot wide
pedestrian river trail, a portion of which is situated adjacent
to, and contiguous with, the southerly boundary of the State Farm
Property and the Horizon Hotels Property, which pedestrian trail
is legally described in attached Exhibit C (the "Trail
D. In connection with the development of the State Farm
Property and the Horizon Hotels Property, State Farm and Horizon
Hotels purchased and acquired, by deed recorded as King County
Recorder's No. 9107120419, certain real property situated
adjacent to, and contiguous with, the southerly margin of the
Trail on the northerly bank of the Green River (between the Trail
and the thread of the Green River) formerly owned by Dunne and
Goldfarb and legally described in attached Exhibit D (the
"Riverbank Property for the purpose of performing certain
excavation, bench cut and storm water drainage work on said
property.
E. The State Farm Property, the Horizon Hotels Property,
the Trail and the Riverbank Property are shown on the map
attached as Exhibit E.
F. State Farm and Horizon Hotels have conditionally
offered to deed and dedicate the Riverbank Property to the City
for use of the Riverbank Property for public recreational
purposes in connection with the Trail.
G. One of the conditions to Grantors' deed and dedication
of the Riverbank Property to the City is the reservation by State
Farm and Horizon Hotels and, to the extent necessary, the grant
by the City of (1) a temporary construction easement for
excavation work to be performed on the Riverbank Property; and
(2) a permanent easement in favor of State Farm over, under and
across the Trail and the Riverbank Property for the installation,
maintenance and repair of a storm drain system serving the State
Farm Property.
H. Conditional upon acceptance of the donation by the City
Council of the City, the City has agreed to accept the donation
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18000732/071591 /1232
of the Riverbank Property subject to the easements described
herein upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Creation of Easements. State Farm and Horizon Hotels
"Grantors and each of them hereby reserve for themselves, and
their respective grantees, successors and assigns, for the
benefit of Grantors' respective properties (the State Farm
Property described in attached Exhibit A and the Horizon Hotels
Property described in attached Exhibit B), the following
easements:
A. Temnorary Construction Easement. Grantors, and
each of them, hereby reserve for themselves, and their
respective grantees, successors and assigns, temporary
construction easements in that portion of the Riverbank
Property adjacent to the property of each Grantor for the
purpose of excavating, removing material, cutting a bench,
and performing construction work related to storm water
detention and disposal. The City hereby grants and
authorizes State Farm and Horizon Hotels to perform any and
all excavation and construction work, in accordance with
permits issued by the City, on that portion of the Riverbank
Property generally adjoining their respective properties.
Grantors agree that all such work shall be related to the
development of Grantors' respective properties and that all
such work shall be performed pursuant to permits issued by
the City and in accordance with all applicable codes and
regulations. Grantors shall have a reasonable period of
time to perform the work pursuant to the temporary
construction easements, provided that the temporary
construction easements shall automatically expire not later
than three (3) years from the date of this easement
agreement.
B. Permanent Storm Drain Easement. State Farm hereby
reserves for itself and its grantees, successor and assigns,
and the City hereby grants and conveys to State Farm a
permanent non exclusive easement for the installation,
construction, operation, maintenance and repair of an
underground pipeline for storm water drainage in, under and
across the Trail and the Riverbank Property, as may be
necessary for storm water drainage of State Farm's Property,
as more particularly described below. The storm drain
easement appurtenant to and for the benefit of the State
Farm Property shall be in, under and across the following
described area (servient estate):
A strip of land 10.00 feet in width lying
5.00 feet on each side of the following
described centerline:
Commencing at the most southerly corner of
Lot 1 of Short Plat No. 88 -1 -SS according to
short plat recorded under King County
Recording Fee No. 8807210416 records of King
County; thence North 47 0 20 1 51" East along the
South line of said Lot 1, 227.50 feet to the
beginning of said centerline; thence South
42 0 02 1 31" East along said centerline 46.00
feet to the terminus of said centerline.
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18000732/071591 /1232
If State Farm has previously installed such storm drain
facilities pursuant to permit issued by the City, it shall
provide the City with information as to the specific
location of its storm drain facilities. If State Farm has
not previously completed installation of its storm drain
facilities, State Farm agrees that prior to entry upon the
Trail or the Riverbank Property for the purpose of
construction and installation of State Farm's storm drain
facilities, it shall provide the City with plans and
specifications for, and the proposed specific location of
its storm drain facilities, and such plans and
specifications and location shall be subject to the City's
prior written approval, which shall not be unreasonably
withheld or delayed.
2. Construction. Each Grantor hereby covenants that,
following commencement of its construction work, Grantor shall
diligently pursue the completion of its construction in a good
and workmanlike manner and in accordance with approved plans and
specifications and in the specified easement location. Following
completion of its construction, each Grantor shall repair any
damage to the Trail caused by its construction and shall restore
the City's Trail to its pre- existing condition. State Farm
shall maintain its storm drain facilities located in the
permanent storm drain easement described above in good condition
and shall restore any damage to the City's property caused in
connection with such maintenance.
3. Riverbank Propert Following completion of the
excavation and bench cut work on the Riverbank Property by the
Grantors in conformity with plans approved by the City, the City
agrees to assume responsibility for future maintenance of the
bench cut and dike area of the Riverbank Property. For a period
of ten (10) years from the date of recording of this easement
agreement, the City covenants and agrees that no easement, right
of access, license or other property rights in the Riverbank
Property shall be granted by the City for the benefit of any
private property owner for use in conjunction with that private
property owner's development of adjacent or nearby property
without the prior written consent of State Farm, which consent
may be conditioned upon payment to State Farm of a reasonable
portion of its costs related to the purchase and donation of the
Riverbank Property to the City, provided that this condition is
not intended to limit the City's right to grant easements,
licenses or other property rights in the Riverbank Property to
other governmental agencies, for example, King County, Army Corps
of Engineers and /or Department of Fisheries, or to members of the
general public to permit access to the adjacent Trail for public
use.
4. Internretation /Enforcement. The easements and
covenants contained herein shall run with the land and shall be
binding upon and inure to the benefit of the parties hereto and
their respective grantees, successors and assigns. In the event
of a breach of any of the covenants or agreements contained
herein, the parties shall be entitled to all remedies available
at law or in equity. In the event it becomes necessary for any
party to defend or initiate legal proceedings as the result of
the failure of any other party to comply with the terms of this
instrument, the prevailing party in such litigation shall be
entitled to reimbursement from the defaulting party for all costs
incurred or expended in connection therewith, including
reasonable attorneys' fees.
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18000732/071591 /1232
IN WITNESS WHEREOF, the City and Grantors have caused this
instrument to be executed the day and year first above written.
CITY: CITY OF TUKWILA, a municipal
corporation
B B y
Its
STATE FARM: STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, an Illinois
corporation
By
Itd3RUCE CALLS, dice Preside
HORIZON HOTELS: HORIZON HOTELS, a Louisiana general
�artnership
By
Its
4
18000732/071591 /1232
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 0 da of if,C� 1991, before me
personally appeared a� f to me known to be the
/)/y C�12W I of the CITY OF TUKWILA, the
municipality that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act
and deed of said municipality, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute
said instrument on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
o t oo title: Not 9,
is Residing at v k
a
a i puv My appointment expires: X r `J
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��o F t q�
OF V.
STATE OF ILLINOIS
ss.
COUNTY OF McLEAN
On this 29th day of October 1991, before me
personally appeared Bruce ca I i s to me known to be the
Vice President of STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument and that the seal affixed
is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
Title: Notary Public
Residing at Bloomington, IL
My appointment expires: 6-30 -y5
"OFFICIAL SEAL"
Ina M. Vandagraft
Notary Public, State of Illin
My Commission Expires 8/30/95
5
18000732/071591 /1232
STATE OF L
r.v aNT Y OF z ss
On this -day of 1991, before me
personally appeared to me known to be the
,.A wN c�C of HORIZON HOTELS, a Louisiana
general partnership, and personally known to me to be the
individual named in and who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and
voluntary act and deed of HORIZON HOTELS, for the uses and
purposes therein mentioned, and on oath stated that he(she) was
authorized to execute said instrument on behalf of said
partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
Title: Notre r Publ, c r rr
Residing at C,cl,�_
My appointment expires:
6
18000732/071591 /1232
STATE FARM PROPERTY
LOT 1, KING COUNTY SHORT PLAT NO. 88 -1 -SS,
ACCORDING TO SHORT PLAT RECORDED UNDER KING
COUNTY RECORDING NO. 8807210416.
EXHIBIT A
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HORIZON HOTELS PROPERTY
LOTS 2 AND 3, KING COUNTY SHORT PLAT NO.
88 -1 -SS, ACCORDING TO SHORT PLAT RECORDED
UNDER KING COUNTY RECORDING NO. 8807210416.
EXHIBIT B
18001146/071591 /1129
TRAIL
TRACT A 20' RIVER TRAIL OF
SHORT PLAT NO. 79 -7 -SS, ACCORDING TO THE
SHORT PLAT RECORDED UNDER KING COUNTY
RECORDING NO. 7908210370.
EXHIBIT C
18001146/071591 /1129
RIVERBANK PROPERTY
ALL THAT PORTION OF BLOCKS 9, 12, 13, 14, 15
AND 16 OF GUNDAKER'S ADDITION TO SEATTLE, AS
PER PLAT RECORDED IN VOLUME 14 OF PLATS, AT
PAGE 46, RECORDS OF KING COUNTY, AND THE
VACATED STREETS ADJOINING, LYING BETWEEN THE
THREAD OF THE GREEN RIVER AND THE SOUTHERLY
AND EASTERLY LINES OF SHORT PLAT NO. 79 -SS,
ACCORDING TO SHORT PLAT RECORDED UNDER KING
COUNTY RECORDING NO. 7908210370.
EXHIBIT D
18001146/071591 /1129
Fort Dent Way Green River Trail