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HomeMy WebLinkAbout2003 - Bargain and Sale Deed - City of Tukwila / King County (Fort Dent Park) - 20030106000779Filed For Record At Request Of a4 WA/ ZDV AF i tR RECORDING RETURN TO: King County Asset Management Section ADM -ES -0500 500 King County Admin Bldg 500 Fourth Avenue Seattle, WA 98104 20030106000779 KING COUNTY NTY PR 0 0.00 01/06/2003 09:56 KING COUNTY, W E1932222 01/08/2003 09:56 KING SALE COUNTY, WA 0.00 $ BARGAIN AND SALE DEED PAGE 001 OF 003 Grantor - - King County, Washington Grantee - - City of Tukwila Legal - - - - SW 114, 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 8.12-17, Gundaker's Interurban Addn. Tax Acct. — 1323049080, 2323049001, 2423049030 & 295490-0426 The Grantor, KING COUNTY, a political subdrvision 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 descnbed lands, srtuate 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 comer of said Section 13, thence N 29)51' W 114 7 feet, thence N 621' 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 nght of way and the true point of beginning, thence Northeasterly along said Easterly margin of the Chicago, Milwaukee, St Paul & Pacific Railroad Co nght 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 Auditors File No 7202010402 and granted to King County for the P-1 Drainage Page 1 of 11 Channel, said point being descnbed by Washington State Lambert Gnd 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 74'13'19" W 68 84 feet, thence S 83'41'02" W 60 83 feet, thence along a curve to the nght 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 Tess, 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 Arnencan Commercial Co for ingress and egress, as recorded under Recording No 5833513, 3) Harold R Iverson and Manon 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 Govemment 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 Tying West of the nght of way of main fines 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 nght of way of Northem Pacific Railway Co , LESS Coal & Minerals and the nght to explore for and mine the same, TOGETHER WITH and subject to the terms of all easements appurtenant to the above descnbed 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 descnbed as follows Beginning on the West boundary of the RNV of the Burlington Northem, 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 RNV boundary, thence Southeasterly parallel to and distant 70 feet Westerly Page 2 of 11 from said RNV 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 RAN to point of beginning SUBJECT TO Restnctions 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 0 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 descnbed 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 Tess, 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 13776 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, 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 descnbed which lies below the line of ordinary high water of the Green River, 3) Any change in the boundary or legal descnption 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 fishenes, and 5) Restnctions 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 11 Grantor hereby assigns all its rights, pnvileges 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 nght of way for the construction, use and maintenance of a county road bndge 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 Govemment Lot 1, Section 23, and the W H Gilliam D L C Section 24, Township 23 North, Range 4 East, W M , included within the limits of a stnp 60 feet in width, having 30 feet of such width on each side of the following described centerline Beginning at a point in said Govemment 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 Northem, 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, Tying within a stnp of land 50 feet in width, 25 feet on each side of the following descnbed centerline Beginning on the Southwesterly margin of the right of way of the Burlington Northern, Inc , formerly the Northem Pacific Railway Company, at a point which is 25 feet Northerly of, measured at right angles to, the Green River, Thence South 86°12'08" West 25 43 feet, Thence North 34°19'06" West 491 72 feet to Point "A", Thence continuing North 34°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°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°49'28" to a point of tangency, Thence North 34°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°30'08" to a point of tangency, Thence North 39°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°19'06" West 739 52 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 173 89 feet to Point "B", Page 5 of 1 I Thence continuing South 67°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°40'54" West 25 feet from the above-described Point "A", Thence South 55°40'54' West 400 feet, Also together wrth 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-descnbed 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, repainng, 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 rt 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, Toss, costs, expenses, and damages of any nature whatsoever, including costs and attomeys 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 injunes, 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, Toss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense and costs on appeal thereof, for injunes, sickness or death of persons or damage to property, which is caused by or anses 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 nght, title, and interest that may be used and enjoyed without interfenng 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 descnbed permanent easement area and shall be deemed an unreasonable interference with County's easement nghts 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 nver 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 nverward of a line that is parallel to and thirty (30) feet landward of the stable top of the nver 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 nghts 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 nght, 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 nghts 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 transfemng 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 wntten 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 penod, 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 bome 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 transfernng the Property or a portion of the Property for public park, recreation or open space uses Dated this 3 rcf day of kiciY► ua r , 20 Q3 KING COUNTY, WASHINGTON BY I/ TITLE 4'4i 1 � / � Gni Pil>-n Page 9 of 1 l STATE OF WASHINGTON ) ) SS COUNTY OF KING I certify that K-04414 BkOWn signed this instrument, on oath stated that he was authonze'd' by the King Cpunty, Executrve tq execute the instrument, and acknowledged it as the FC/C-iii 't3 i1i14vvt.Th V. Director of King County, Washington to be the free and volunthty act of said County for the uses and purposes mentioned in the instrument Dated L_Thrt uar9 3 .003 0.0,4o 9 NOTARY PUBLIC in and for the State of Washington,residing at My appointment appointment expires 1, 1-15 -0 Li Page 10 of 11 CITY OF TUKWILA vv"\ BY TITLE "V\ f' -/1()I. DATE I /3/0 3 STATE OF WASHINGTON ) ) SS COUNTY OF KING On this day personally() .eared .efore me '5]i3"&1. to me known to be the /Watt of the City of Tukwila, the municipal corporation of the State of Wa4 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 NOTARY PUBLIC in and for e State of Washington, residing at My appointment expires 03 Page 11 of 11