Loading...
HomeMy WebLinkAboutReg 2024-08-19 Item 5H - Resolution - Grant Application(s) for Riverton Park Playground Renovations and Riverside Campus Development of Tukwila Community Center with Recreation & Conservation OfficeCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared bj' Mayor's review Council review 8/19/24 DR ITEM INFORMATION ITEM No. 5.H. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DA I E: 8/19/24 AGENDA I I LAI TITLE Grant Application Authorization: Washington Recreation Conservation Office Washington Wildlife & Recreation Program (WWRP) Local Parks & Water Access Grants CAIEGORI Discussion tilt; Date Motion Mt& Date Resolution %I Dale 8/19/24 Ordinance • AN Date Bid An 'ard Alts Date Li Public Heating Afts Date ❑ Other Alts Date SPONSOR ❑ Council ❑ Mayor ❑ Admit; Sacs ❑ DCD ❑ Finance ❑ Fire ® Pc'-R ❑ Police ❑ PII% SPONSOR'S SUMMARY REVIEWED BY The Parks & Recreation Department has prepared grant applications for WWRP-Local Park & Water Access grants to redevelop the Riverton Park Playground and Tukwila Community Center Riverside Campus. These grants require city matching funds (Estimated total of $2,677,600), which per city policy, means the applications must be approved by the City Council. City staff recommend the City Council approve the attached authorization resolution so applications may be finalized and submitted without delay. ❑ Tians&Inhastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Conm unity Dev. ❑ LT AC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 8/12/24 COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Coilini I.LE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: LAND ACQUISITION, RECREATION, AND PARK DEVELOPMENT FUND (301) Comments: Authorizes application which includes grant match funds ($2,677,600) MTG. DATE 8/19/24 RECORD OF COUNCIL ACTION MTG. DATE 8/19/24 ATTACHMENTS Informational Memorandum dated July 23, 2024 A --- RCO Applicant Resolution/Authorization Form - updated after Committee. B --- Resolution 1144 (Transfer of TCC Land from King County Parks I Parcel N) C --- Contract 21-188 (Riverton Park Lease Agreement w/ Tukwila School District) Minutes from 8/12/24 CSS Meeting 145 146 TO: City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM Community Services & Safety Committee FROM: Kris Kelly, Interim Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: July 23, 2024 SUBJECT: Authorization to Apply for Washington Recreation & Conservation Office Grants Which Require Matching Funds ISSUE The Tukwila Parks & Recreation Department has completed applications for two grant programs offered by the Washington Recreation & Conservation Office (RCO). Both grants require matching funds to apply and city policy requires council authorization to apply for any grants which require city matching funds. BACKGROUND RCO is a small state agency tasked with managing grant programs for outdoor recreation opportunities, protection of state wildlife habitat, working farms and forests, salmon and orca related policy goals, and more. On average, RCO awards over $200M every year in grant funding. Grants are applied for in even years with awarding of funds being finalized in odd years based on scoring provided by RCO and its selection committees and the State of Washington Capital Budget. The City of Tukwila Parks & Recreation Department has had success in recent years with RCO grants programs, being awarded a Planning for Recreation Access (PRA) Grant for $197,300 and a Local Parks Maintenance (LPM) Grant for $100,000 in Fiscal Year 2023. DISCUSSION The Parks & Recreation Department is prepared to submit applications for two grants: 1. Washington Wildlife & Recreation Program (WWRP) Local Parks The Local Parks grant (Application 24-1800) is being submitted for renovation of the Riverton Park Playground. This project would include a full replacement and enhancement of the play area at Riverton Park, with brand new play structure elements that provide for all ages and abilities, as well as a larger picnic shelter on site. Play elements have been selected specifically with provision of recreational opportunities for children of all ages, providing early childhood development opportunities as well as opportunity for recreational access for those who are differently abled. The project's total estimated cost is $1,367,600 with the WWRP-Local Parks grant providing $500,000 in grant funds, and the City of Tukwila providing $867,600 in matching funds. Please refer to Exhibit A for a basic overview of the project as proposed. Note: Due to this project being on land that is leased from the Tukwila School District, the Parks & Recreation Department is required to seek applicant authorization from the school district as well. This process is currently in progress with an item scheduled for their next school board meeting on August 27rn 147 Community Services & Safety Committee July 23, 2024 Page 2 2. Washington Wildlife & Recreation Program Water Access The Water Access grant (Application 24-1802) is being submitted for development of the riverside campus of the Tukwila Community Center. This project would include a re -imagining of all space that lies behind the Tukwila Community Center from exit and up to and including the shores of the Duwamish River. Project elements include improvements to the trail on the backside of TCC which would include grading allowing for ADA access, a brand-new canoe launch on the southwestern shore, a boardwalk along the Duwamish River, an ADA accessible river overlook tower, a log jam seating wall adjacent to the Duwamish River, and improvements to play elements and picnic areas throughout TCC's riverside campus. The project's total cost is estimated at $3,620,000 with the WWRP-Water Access grant providing $1,810,000 in grant funds, and the City of Tukwila providing $1,810,000 in matching funds. Please refer to Exhibit B for a basic overview of the project as proposed. At this time, the City of Tukwila is therefore estimating required matching funds for these grants of $2,677,600. These matching funds would be provided by a mixture of REET1 funds, King County Parks Levy funds, and predominantly, Park Impact Fees. Department staff can confirm that the required amount is on hand within the Land Acquisition, Recreation, and Park Development Fund (Fund 301) at this time. Department staff will continue to seek other fund sources that could be used to assist in project execution as we await final results of these RCO grant applications. FINANCIAL IMPACT Authorization of this resolution does not encumber any funds or create any General Fund inflows or outflows. Authorization of this resolution simply allows for completion and submittal of the grant applications. If the grants were awarded, at that time, the Parks & Recreation Department would encumber the necessary matching funds within Fund 301. RECOMMENDATION Staff recommend the committee forward this resolution to the August 19th Regular Meeting Agenda for approval by the full City of Tukwila City Council. ATTACHMENTS A --- RCO Applicant Resolution/Authorization Form B --- Resolution 1144 (King County Transfer of Tukwila Community Center Land) C --- Contract 21-188 (Lease for Riverton Park land from Tukwila School District) 148 Community Services & Safety Committee July 23, 2024 Page 3 Exhibit A — Riverton Park Playground Renovation Project Design Overview Project Design - Overview O ICONIC CLIMBER e 5-12 YEAR OLD PLAY 0 2-5 YEAR OLD PLAY 0 SWINGS O MUSICAL PLAY o PICNIC SHELTER O CONSTRUCTED GRASSY KNOLL 0 NATURAL GRASSY KNOLL Estimate a doubting of play area square footage Anticipated Completion: Fall 2027 — Fall 2028 Riverton Park Playground Renovation I WWRP — Local Parks #24-1800 DEV 10 Community Services & Safety Committee o July 23, 2024 Page 4 Exhibit B — Tukwila Community Center Riverside Trail & Canoe Launch Project Design Overview Tukwila Project Design - Overview 12 !+ .. l� r • . _ + B.f, r. ; .'• -• _ • 0. r a # f 0 TRAll l!VPROW MENT'S : H. acre strkhc and Replace or/pm-wool-wor/pm-woolrPwing Add NOR re+ lerce near mem elvuee+nd miminaclenllhen NM wrorell dd+¢ tie/ 0 WOOD BOARDWALK ea.,n rFCk imp S1M1 :3 Fl.ooak. tx.1,Fj6 PICNIC AREAS CAN,OELALJNCFi • CI RIVER OVERLOOK LOG JAM SEATING ...nth mad Toepp ACP 411110 air - AO' t r- ©A. s, r ''' ,.:: „:-: ......) t Anticipated Completion: Fall 2027 —Fall 2028 Community Center Riverside Trail & Canoe Launch I WWRP - Water Access #24-1802 DEV A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING SUBMISSION OF APPLICATIONS FOR GRANT FUNDING ASSISTANCE FOR THE RIVERTON PARK PLAYGROUND RENOVATION PROJECT AND TUKWILA COMMUNITY CENTER RIVERSIDE CAMPUS REDEVELOPMENT PROJECT TO THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE. Organization Name (Sponsor): City of Tukwila, Washington Resolution No. 2100 Project Numbers(s), Name(s), and RCO Project Number(s): Project #91730101 Riverton Park Playground Renovation Community Center Riverside Trail and Canoe Launch RCO #24-1800 RCO #24-1802 This resolution/authorization authorizes the person identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; and WHEREAS, the City Council of the City of Tukwila considers it in the best public interest to complete the Project(s) referenced above; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Page 1 of 4 151 Section 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Thomas McLeod — Mayor Project contact (day-to-day administering of the grant and communicating with the RCO) David Rosen — Fiscal Analyst RCO Grant Agreement (Agreement) Thomas McLeod — Mayor Agreement amendments Thomas McLeod — Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right of Assignment of Rights if applicable). These are items that are typically recorded on the property with the county. N/A The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Section 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEBSITE at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. Section 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. Section 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Page 2 of 4 152 Section 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. Section 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. Section 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. Section 9. If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. Section 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. Section 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy or Office, in writing, and per the Agreement or an amendment thereto. Section 12. Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. Section 13. This resolution/authorization is deemed to be part of the formal grant application to the Office. 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Page 3 of 4 153 Section 14. Our organization warrants and certifies that this resolution/ authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, Council President APPROVED AS TO FORM BY: Office of the City Attorney 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 4 of 4 154 CITY OF TUKWILA WASHINGTON RESOLUTION NO L/J / y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING A TRANSFER OF CERTAIN PARK PROPERTY FROM KING COUNTY AND AUTHORIZING THE MAYOR TO SIGN NECESSARY TRANSFER DOCUMENTS. WHEREAS, as a result of recent annexations certain King County parks are now within the Tukwila City Limits, and WHEREAS, King County desires to transfer its interests in such parks to the City of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Tukwila hereby accepts the King County parks described in Exhibits A, B, and C attached hereto and hereby incorporated herein and accepts any limitations imposed upon the use thereof. Section 2. The Mayor is hereby authorized and directed to sign the documents which are Exhibits A, B, and C indicating the City's acceptance upon such documents of transfer having been fully executed and presented to the City for acceptance. Section 3. The City Clerk is directed to see that the fully executed documents of transfer are recorded with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE ITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 2/ S t day of , 1990. an Hernandez, Council Presi ATTEST/AUTHENTICATED: antu, Acting City Clerk APPROVED AS TO FORM: Filed with the City Clerk: ,T / 7- 90 Passed by the City Council: s_ 2/ - 96 Resolution Number // St y 155 156 9006071262 SOUTHGATE PARK After recor ing return to: King County Real Property Division DEED Fil K rd At The Request Of A County Real Prop ty Division THE GRANTOR, King County, a political subdivision of the State of Washington, for and in consideration of mutual benefits, and in consideration of the bene- fits to be accrued through the provisions of King County Ordinance No. 9315 , does hereby grant and convey unto the City of Tukwila, a municipal corporation of the State of Washington, a fee simple determinable in the following described parcels of land, situate in the County of King, State of Washington:.. PARCEL A That portion of the South 100 feet of the North 200 feet of Tract 67, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying Westerly of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M.; EXCEPT that portion on the West deeded to King County for 40th Avenue South by Deed recorded under Auditor's File No. 5729562. SUBJECT TO THE FOLLOWING: Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5729562 granted to King County; Perpetual easement with the right to place, construct, operate and maintain, inspect, repair, and replace underground conduits, cables, and manholes under said premises; AND the Grantor hereby covenants that no building or sheds will be erected or rubbish, brush piles, or any inflamable substances will be per- mitted on said property within 5 feet of said line that no digging or excava- ting will be done or permitted within 10 feet of said line which will in any manner disturb its solidity, or unearth any portion thereof, granted to the Pacific Telephone and Telegraph Company, a California corporation, by instru- ment recorded under Auditor's File No. 2587212. PARCEL B That portion of the East 1/2 of the North 1/3 of the South 1/2 of Tract 64, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington. PARCEL C That portion of the East 1/2 of the North 1/2 of the South 1/3 of Tract 64, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington. . PARCEL D That portion of the North 100 feet of Tract 67, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington; EXCEPT that portion conveyed to King County for 40th and 42nd Avenues South by Deed recorded under Auditor's File No. 5667275. An easement over said portion of Tract 67 of Riverside Interurban Tracts for underground telephone lines recorded February 14, 1930, under Auditor's File No. 2587212. 157 Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5655246 granted to King County; Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes and to the same extent as if the rights granted had been acquired by condemnation proceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5667275 granted to King County. PARCEL E The South 150 feet of the North 350 feet of Tract 67, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying North easterly of 42nd Avenue South as deeded to King County by Deed, recorded under Auditor's File No. 5655246, and lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington. SUBJECT TO THE FOLLOWING: An easement over said portion of Tract 67 of Riverside Interurban Tracts for underground telephone lines recorded February 14, 1930, under Auditor's File No. 2587212. • Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- \ ceedings under statute of the State of Washington, as granted by Deed recorded • under Auditor's File No. 5667275 granted to King County. • Right to make necessary slopes for cuts or fills upon said premises in confor- • mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5655246 granted to King County. PARCEL F That portion of the South 1/3 of the East 1/2 of the South 1/2 of Tract 64, Riverside Interurban Tracts according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M.; and the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. SUBJECT TO: Conflict in boundary, if any, between the West 260 feet of the South 1/2 of said Tract 64, and the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. PARCEL G That portion of the South 1/3 of the East 1/2 of the South 1/2 of Tract 64, Riverside Interurban Tracts according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M.; AND the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. SUBJECT TO: Conflict in boundary, if any, between the West 260 feet of the South 1/2 of said Tract 64, and the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. -2- 158 55 The City of Tukwila, on acceptance of the delivery of this instrument, does hereby agree to obtain approval of the King County Council for any sale, transfer, or trade of any portion or portions of the lands described herein. This property is hereby conveyed upon the condition that it shall be used for Public park and/or recreational purposes. Upon the breach of this condition, the Grantor or its successor shall have the right to re-enter and take possession of the property and to hold, own, and possess the same in the same manner and to the same extent as if this conveyance had never been made. In the event of the amalgamation of King County and the Grantee, the Grantee may credit itself with only the amount paid King County in the original transaction, plus the actual cost of any improvements constructed thereon. The City of Tukwila does further agree that any and all user fees for athletic fields, or any other recreational facility or program, shall be at the same rate for residents of unincorporated King County as for the residents of the City of Tukwila. DATED this ZRo day of �4jaRll! BY STATE OF WASHINGTON ) COUNTY OF KING } On this day personally appeared before me S4*)eI4E Z-- KING COUNTY, WASHINGTON K ng County Executive to me known to be the SIG�u,S7Bd StJ5E County Executive of King County, Washington, the person who signed th above and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. .� tSG.: GIVEN under my hand and official seal this 3R� day of .`.-.a '•', ��. ----- -- 141 4 r ti ifCTARY PUBLIC in and for .7, 1'dy State of Washington, resi dt'ng;at::• SA La, WA 9147'. ",, TE6/SPI-3 -3- 159 160 ord At The Request Of 9006071261 3- ;7 7- 90 EARLINGTON PARK Afterrecording return to: King County Real Property Division DEED K ng County Real Prop y Division THE GRANTOR, King County, a political subdivision of the State of Washington, for and in consideration of mutual benefits, and in consideration of the bene- fits to be accrued through the provisions of King County Ordinance No. 9315 does hereby grant and convey unto the City of Tukwila, a municipal corporation of the State of Washington, a fee simple determinable in the following described parcels of land, situate in the County of King, State of Washington: PARCEL A That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 40 and 41, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is C) subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. Easement reserved to Thomas K. Ray for the use of water from a spring located on said property sufficient to supply the house of said Ray for domestic purposes and to his barn sufficient water for the stock kept on the farm now owned by said Ray, said spring being now used by said Ray for said purposes by instrument recorded October 26, 1905, under Auditor's File No. 359506. PARCEL B That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 51 and 52, Block 7, on the Plat of C. D. Hillman's Meadow Gardens, Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion, of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. 161 PARCEL C That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 29 and 30, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL D That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 31, Block 7, C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL E That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 27, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. -2- 162 SUBJECT TO THE FOLLOWING: (continued) Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL F That portion, if any, of Government Lot 2, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying South of the Plat of C. D. Hillman's Meadow Gardens Division No. 3, according to Plat recorded in Volume 12 of Plats, Page 86, in King County, Washington, and North of the ordinary high water line of the Duwamish River, a portion of said portion also designated as Lots 1 through 3, Block 29, on the Plat of C. D. Hillman's Meadow Gardens Division No. 3, according to the Plat recorded in Volume 12 of Plats, Page 86, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. r • Right of the State of Washington in and to that portion, of said premises, if any, lying in the bed of the Duwamish River. • Said land or a portion thereof may lie beneath navigable waters. Any portion (,) of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL G That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 53 to 55 inclusive, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded,as corollary to the right of navigation and the use of public waters. .PARCEL H That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 28, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. -3- 163 c SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL I Lot 44, Block 13, Allentown Addition to City of Seattle, according to Plat recorded in Volume 12 of Plats, Page 100, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL J That portion of the SE 1/4 of the SE 1/4 of Section 10 and of the SW 1/4 of the SW 1/4 of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Commencing at the South 1/4 corner of Section 10, Township 23 North, Range 4 East, W. M., King County, Washington and proceeding thence North 34°17'35" East 1,748.60 feet; thence South 2°27'48" West 150.00 feet along the Westerly right-of-way line of 46th Avenue South; thence South 87°32'12" East 1,223.28 feet along the Southerly right-of-way line of South 125th Street; thence South 30°46'12" East 160.00 feet along the Southwesterly right-of-way line of 50th Place South, to the True Point of Beginning, said point being the most Northerly corner of Lot 32, Block 13, Allentown Addition to the City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100, records of said County; thence South 30°46'12" East 470.00 feet along said right-of-way line of 50th Place South; thence South 59°13'48" West 198.71 feet; thence West 50 feet more or less to the vegetation line of the Duwamish River, thence Northwesterly along the vegetation line of the Duwamish River to a point that bears South 59°13'48" West from the True Point of Beginning, said point being the most Westerly corner of said Lot 32; thence North 59°13'48" East along the Northwesterly line of said Lot 32, a distance of 195 feet more or less, to the True Point of Beginning. EXCEPTING there from any part or parcel of Lots 32 through 36, Block 13 of Allentown Addition to the City of Seattle. -4- 164 PARCEL J (continued) ALSO That portion of the SE 1/4 of the SE 1/4 of Section 10 and of the SW 1/4 of the SW 1/4 of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Commencing at the South 1/4 corner of Section 10, Township 23 North, Range 4 East, W. M., King County, Washington and proceeding thence North 45°17'35" East 1,748.60 feet; thence South 2°27'48" West 150.00 feet along the Westerly right-of-way line of 46th Avenue South; thence South 87°32'12" East 1,223.28 feet along the Southerly right-of-way line of South 125th Street; thence South 30°46'12" East 670.00 feet along the Southwesterly right-of-way line of 50th Place South, to the True Point of Beginning, said point being the most Northerly corner of Lot 45, Block 13, Allentown Addition to the City of Seattle, according to Plat recorded in Volume 12 of Plats, Page 100, records of said County; thence South 30°46'12" East 410 feet more or less to the vegetation line of the Duwamish River, thence Westerly and Northerly along the vegetation line of the Duwamish River to a point that bears West from the NW corner of Lot 45 thence East 68 feet more or less to the NW corner of said Lot 45; thence North 59°13'48" East 207.17 feet to the True Point of Beginning. SUBJECT TO THE FOLLOWING: An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes. For In Favor of : Recorded : Auditor's No: Affects An easement herein, and River Protection Easement County of King, a municipal corporaton November 15, 1961 5353685 Lots 45 to 52 inclusive, Block 13 affecting the portion of said premises and for the purposes stated incidental purposes. For . In Favor of : Recorded Auditor's No: Affects Electric Transmission Line Puget Sound Power & Light Company, a Massachusetts corporation April 23, 1934 2797098 Lot 52 Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. Under the terms of Option Agreement Dated June 21, 1973, Codiga exercised his right to lease back property he sold to King County for park purposes. This option is cancellable by Optionee upon sixty (60) days written notice to Optionor, and cancellable by Optionor upon thirty (30) days written notice to Optionee. PARCEL K That portion of Tract X lying within a strip of land 230 feet wide lying Southwesterly of and adjacent to the following described centerline: -5- 165 PARCEL K (continued) Beginning at a point South 25°23'10" East a distance of 2,827.20 feet from the West 1/4 corner of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, said point being Engineer's Station P.C. 3+39.59 of King County Survey No. 14-23-4-14; thence South 24°59'40" East a distance of 100 feet to the point of beginning; thence along the arc of a curve to the left having a radius of 636.62 feet a distance of 712.39 feet; thence North 89°06'34" West 185.08 feet; thence along the arc of a curve to the right having a radius of 50.0 feet a distance of 86.93 feet; thence North 10°29'56" East 43.70 feet to a TE112NUS at Station 28+90.92 of X-line of State Highway by survey for relocation of Steel Hill Bridge. TRACT X: That portion of the following described property lying Northwesterly of primary State Highway No. 1 as condemned under King County Superior Court Cause No. 591370; That portion of the Stephen Foster and C. C. Lewis Donation Claims in Sections 11 and 14, Township 23 North, Range 4 East, W. M., in King County, Washington, more particularly described as follows: Commencing at a point which bears North 81°44'15" East, a distance of 199.17 feet from a monument at the end of a curve on the centerline of the Duwamish Renton Junction Road, said end of a curve being approximately 1200 feet North and 440 feet West of the 1/4 corner between Sections 14 and 15, Township 23 North, Range 4 East, W. M., in King County, Washington, the M tangent to said curve bears South 49°24' East; thence North 40°36' East a distance of 949.15 feet to the True Point of Beginning of this description; thence North 40°36' East a distance of 989 feet, more or less, to the left bank of the Duwamish River; thence Southeasterly and Southwesterly along the left bank of said river to a point which bears South 49°24' East a distance of 482 feet, more or less, from the point of beginning; thence North 49°24' West a distance of 482 feet, more or less, to the True Point of Beginning; EXCEPT that portion thereof conveyed to King County for road by Deed record- ed under Auditor's File No. 5928199 AND EXCEPT that portion thereof convey- ed to the City of Tukwila by Deed recorded under Auditor's File No. 6634222. SUBJECT TO THE FOLLOWING: Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5928199. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of Duwamish River. Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. WATERLINE EASEMENTS SR-5 (Parcel 7-04119) (So. 178th to So. 125th Steeet) Fireline Easement for a Waterline along I-5 was granted to the State to provide fire protection for the steel girder bridge crossing the Duwamish River on I-5 (5-22-74). Said instrument recorded under Auditor's File No. 7407160307. PARCEL L Lots 1 and 2, Block 7, Hillman's Meadow Gardens, Division No. 1, as recorded in Volume 12 of Plats on Page 64, records of King County, Washington; -6- 166 PARCEL L (continued) ALSO Lots 5 through 20; Lots 34 through 39; Lots 43 through 50 all in said Block 7, Hillman Meadow Gardens, Division No. 1, as recorded in Volume 12 of Plats on Page 64, records of King County, Washington; ALSO Lots 4 through 12, Block 29, C. D. HIllman's Meadow Gardens, Division No. 3, as recorded in Volume 12 of Plats, on Page 86, records of King County, Washington; ALSO Lots 10 through 17; Lots 19 through 21, and Lots 53 through 59, all in Block 13, Allentown Addition as recorded in Volume 12 of Plats on Page 100, records of King County, Washington, PARCEL M That portion of the following described Tract X lying Northerly of the following described Line B. TRACT X That portion of the Stephen Foster Donation Claim No. 38 and of the C. C. Lewis Donation Claim No. 37, in Sections 10, 11, 14, and 15, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Beginning at a point which bears North 40°01'05" West 920.15 feet from a ILmonument at the point of intersection of a curve on the centerline of the Duwamish-Renton Junction Road, said point of intersection being approxi- mately 1000 feet East and 20 feet South of the 1/4 corner between said Section 14 and 15, thence North 49°24' West 835.00 feet on a line parallel to and 150.00 feet Northeasterly of the centerline of said Duwamish-Renton Junction Road, to a point which bears North 81°44'15" East 199.17 feet from the point of curve on the centerline of the said Duwamish-Renton Junction Road, said point of curve being approximately 1200 feet North and 440 feet West of the quarter corner between said Sections 14 and 15; thence South 40°36'00" West 20 feet to the Northeasterly margin of the right-of-way of the Puget Sound Electric Railway; thence North 49°24'00" West along said right-of-way 950.29 feet to the True Point of Beginning of this description; thence South 49°24'00" East 400.00 feet; thence North 40°36'00" East 702.10 feet; thence South 49°24'00" East 564.29 feet; thence North 40°36'00" East 583.20 feet to a point which is hereby designated for purposes of this description as point "A"; thence continuing North 40°36'00" East 633.11 feet, more or less, to a point 230 feet from the centerline of the right-of-way of the Steel Hill Bridge Revetment described in Deed recorded under Auditor's File No. 6029599 which is also the Southwesterly line of a tract of land conveyed to King County by that certain Deed recorded May 17, 1966 under King County Auditor's Receiving No. 6029599; thence Westerly along the Southwesterly line of said Tract 40 feet to the most Westerly corner of said Tract; thence North 40°36'00" East 30 feet more or less, to the edge of the right- of-way of the Steel Hill Bridge Revetment described in instrument recorded under Auditor's File No. 5928200; thence Northwesterly along the Southwesterly edge of the right-of-way of the Steel Hill Bridge Revetment, a distance of 289.53 feet to the apparent line of vegetation on the left bank of the Duwamish River; thence Westerly and Southwesterly along said line of vegetation to a point which bears North 29°48'55" West from Point "A"; thence continuing Northwesterly along said line of vegetation to a point which bears North 40°36' East from the True Point of Beginning of this description; -7- TE6/TUK.7 167 PARCEL M - Tract X (continued) thence South 40°36' West 30 feet, more or less, to iron pipe on the top of the bank of the Duwamish River; thence continuing South 40°36' West 1196.46 feet to the True Point of Beginning of this description; EXCEPT that portion conveyed to the City of Tukwila, a municipal cor- poration, recorded under Auditor's File No. 6634221, 6634222, 6634223, and 6634224. LINE B Beginning at a point designated as Point "A" in the description of Tract X; thence North 40°36' East along the Southeasterly line of Tract X 617.90 feet; thence North 49°24' West 40 feet; thence North 40°36' East 20.093 feet to the True Point of Beginning of line "B" and also being on the Northeasterly line of a tract of land conveyed to King County by Deed recorded under Auditor's File No. 6029599; thence North 92°24'24" West 18.652 feet; thence along a curve to the left having a radius of 369.00 feet, an arc distance of 247.818 feet and through a central angle of 38°28'46"; thence South 89°06'50" West 52.567 feet; thence South 87°39'52" West 37.569 feet; thence along a curve to the left having a radius of 134.00 feet, an arc distance of 83.233 feet, and through a central angle of 35°09'41"; thence South 52°30'11" West 175.842 feet; thence South 53°44'45" West 52.954 feet; thence South 62°05'04" West 53.567 feet; thence South 67°22'29" West 106.143 feet; thence South 72°19'14" West 56.620 feet; thence South 81°57'02" West 58.253 feet; thence North 81°29'27" West 46.690 feet; thence North 72°37'14" West 65.122 feet; thence North 01°30'31" East 11.619 feet; thence North 64°40'31" West 15.051 feet; thence South 64°12'38" West 12.118 feet; thence North 73°09'08" West 21.853 feet; thence North 62°33'06" West 61.995 feet; thence North 49°01'22" West 49.809 feet; thence North 47°53'O1" West 58.700 feet; thence North 43°34'24" West 75.276 feet, more or less, to a point on the Northwesterly line of Tract X which bears North 40°36' East 1170.019 feet from the most Westerly corner of Tract X and terminus of Line B. SUBJECT TO THE FOLLOWING: The right to construct, repair, and maintain a surface water drainage lift sta- tion and outlet pipes within the following described Parcel "A," and being a strip of land 30 feet in width, the centerline of said strip being described as follows: Commencing at a point which bears North 40°O1'05" West 920.15 feet from a monument at the point of intersection of a curve on the centerline of the Duwamish-Renton Junction Road, said point of intersection being approxima- tely 1000 feet East and 20 feet South of the quarter corner between Sections 14 and 15, Township 23 North, Range 4 Ent, W. M.; thence North 49°24' West 835.00 feet on a line parallel to and 150 feet Northeasterly of the centerline of said Duwamish-Renton Junction Road to a point which bears North 81°44'15" East 199.17 feet from the point of curve on the centerline of said Duwamish-Renton Junction Road, said point being approximately 1200 feet North and 440 feet West of the quarter corner bet- ween said Sections 14 and 15; thence South 40°36' West 20 feet to the Northeasterly margin of the Puget Sound Electric Railway Right-of-way; thence North 49°24' West along said right-of-way 640.29 feet; thence North 40°36' East 370.00 feet; thence North 36°44'38" East 841.22 feet to a point hereafter called Point "A" and the beginning of said centerline; thence North 18°58'38" East to the Green River and terminus of said center- line. ALSO, the right to construct, repair and maintain a light pole, the center of which bears North 86°44'38" East from said Point "A a distance of 212.80 feet. ALL as reserved in that certain Deed of conveyance recorded TE6/TUK.8 -8- 168 under Auditor's File No. 7604200625. Easements affectng a portion of said premises as recorded under Auditor's File No.s 3047588, 5479828, and 5928214; Any question that may arise due to shifting or change in the course of the Green River or due to said river or creek having changed its course. PARCEL N Tracts 15, 16, 17, and 18 Allentown Addition to City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100 in King County, Washington, EXCEPT portion of said Tract 18, heretofore conveyed to King County by Deed recorded under Auditor's File No. 2625173, in King County, Washington, for road and highway and EXCEPT that portion of Tract 18 described as follows: Beginning at the NW corner of Tract 18 and the intersection of 42nd Avenue South and South 124th Street; thence East along the South margin line of South 124th Street, 100 feet; thence Southerly 100 feet to a point which is 100 feet East of the East margin line of 42nd Avenue South; thence West 100 feet to the East margin of 42nd Avenue South at a point 100 feet South of the point of beginning; thence North 100 feet to the point of beginning. SUBJECT TO THE FOLLOWING: Easement recorded July 28, 1965 under Auditor's File No. 5908178. Any question that may arise due to shifting and change in the course of the river or creek herein named, or due to said river or creek having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation, together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL 0 That portion of land, if any, lying Easterly of the Duwamish River, and Westerly of 42nd Avenue South and South of the South line of Allen Avenue (now 124th Street) extended Westerly, as shown in the Plat of Allentown; EXCEPT portion lying within Tract 18 of the Plat of Allentown, all within the West 1/2 of the West 1/2 of the SE 1/4 of Section 10, Township 23 North, Range 4 East of W. M.; ALSO, an easement dated June 26, 1980, recorded under Auditor's File No. 8006270680, wherein the State of Washington granted a permanent, non-exclu- sive easement to King County to construct, reconstruct, maintain, repair, improve, use, and operate a recreational foot path over, across, and upon the following property situated in King County: Lots 3 and 4, Block 7, C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat thereof recorded in Volume 12 of Plats, Page 64, records of said county. (South 126th Street to Norfolk Street.) The Grantee, its successors or assigns, agrees that the construction, main- tenance, and use of the foot path will in no way interfere with the recon- struction, maintenance, or operation of the presently existing sewer, furthermore, the Grantee agrees to indemnify the State of Washington against all loss or expense for damages sustained by any person or persons relating to the use of the foot path on the above described property. -9- TE6/TUK.9 169 The City of Tukwila, on acceptance of the delivery of this instrument, does hereby agree to obtain approval of the King County Council for any sale, transfer, or trade of any portion or portions of the lands described herein. This property is —hereby conveyed upon the condition that it shall be used for public park and/or recreational purposes. Upon the breach of this condition, the Grantor or its successor shall have the right to re-enter and take possession of the property and to hold, own, and possess the same in the same manner and to the same extent as if this conveyance had never been made. In the event of the amalgamation of King County and the Grantee, the Grantee may credit itself with only the amount paid King County in the original transaction, plus the actual cost of any improvements constructed thereon. The City of Tukwila does further agree that any and all user fees for athletic fields, or any other recreational facility or program, shall be at the same rate for residents of unincorporated King County as for the residents of the City of Tukwila. DATED this 3 RD day of STATE OF WASHINGTON ) COUNTY OF KING ) ss On this day personally appeared before me to me known to be the DES16 den ;tl aL TN45 County Executive of King County, Washington, the person who signe e above and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. BY , 1990 . KING COUNTY, WASHINGTON im ' lf ,Lalkilli!71,9r �ng Coun y Executive Jesus S 41 2 GIVEN under my hand and official seal this 312.0 day o 19.1'2.2 TE6/TUK.1-10 TRY • d State of Washington, Ere ttting�ai� Ste,-r�LE, !.1/Ai�7 Page 10 of 10 170 900SO90248 Fil • : or Rd At The Rest Ut Kln County Real Propert Ivisioo, y4"-u//. A geFaLl-gult DATE CO. / FOR VALUE 'RECEIVED, the undersigned hereby assigns that certain lease dated the 14th day of May 1982, by and between HIGRLINE SCHOOL DISTRICT NO. 401, a municipal corporation of the State of Washington herein called "LESSOR," and RING COUNTY, WASHINGTON, a political subdivision of the State of Washington herein called the "LESSEE," covering those certain premises situate in the City of Tukwila, particularly described and known as CRESTVIEW PARR, and all right, title and interest in and to and under the said lease, to the CITY OF TUKWILA, a political subdivision of the State of Washington herein called the ASSIGNEE, and in consideration of the consent of this assignment by the said LESSOR, the said LESSEE hereby guarantees the performance by said ASSIGNEE of all covenants, conditions, terms, stipulations and agreements in said lease contained, to be performed by the LESSEE thereunder. And in consideration of this assignment and of the consent of said LESSOR, the said ASSIGNEE hereby assumes and agrees to make all payments required under said lease, and to do and perform and be bound by all covenants, conditions, terms, stipulations and agreements in said lease contained, binding upon said LESSEE.' IN WITNESS WHEREOF the parties have subscribed their names as of this ;PP day of ,1990. APP' !� ._ % AS F puty Prosecuti.• Attorney ASSIGNOR: KING COUNTY, WASHINGTON KJNG • NTT I ASSIGNEE: C TY OF TUKWILA, WASHINGTON G.GN.B...EN. __T_ 2G_B. S_XGNM.EN T The undersigned LESSOR, above named, hereby consents to the assignment of the above mentioned lease unto the CITY OF TUKWILA upon the expressed conditions contained in said assignment. No further assignment of said lease or subletting of said premises or any part thereof shall be made without the prior written consent of the LESSOR. KING COUNTY is hereby relieved of all liability under the terms of said lease. Dated this /2 day of , 1990 LESSOR: HIGHLINF SCHOOL DISTRICT NO. 401 1I. 1� 1101111"1111b.i 171 STATE OF WASHINGTON) )ss (HIGELINE SCHOOL DISTRICT ACKNOWLEDGEMENT) COUNTY OF KING 7 On this r2_day of fi'1 , 1990, before me, the undersigned, a Notary Public in find fd4 the State of Was ngtop, duly ammiss' and sworn, persona ly appeared before me� �� to me known to be the Superintendent of gighlinp Si.honl District No. 401, the person who signed the above and foregoing instrument for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of Highline School District No. 401 and that he was authorized to so sign. VEN,under my hand and official seal this , 1990. ;. r •.� . • Q 1 )ss COUNTY OF KING (7----k7;2) NOTARY P BLIC in and fo State of Washi on. Residing at day of (KING COUNTY ACKNOWLEDGEMENT) On this day personally appeared before me to me known to be the me County Executive of R County, Washington, the per n wh signed the above and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he is so authorized to sign. GIVEN under my hand and official seal this _' day of 1990. NOTARY PUBLIC in and for the State of Washin on. Residing at STATE OF WASHINGTON'ji )ss (CITY OF TUKWILA ACKNOWLEDGEMENT) COUNTY OF KINGZ} On this day personall appeared before me w ��,.c) to me known to be the orthe City of Tukwila, Washington, the person ho signed the above and foregoing instrument for the City of Tukwila for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the City of Tukwila and that he was so authorized to sign. GIVEN under my hand aid official seal this 4# - day of Y PUBLIC in and --atte of Washin on. Residing at 172 21-188 Council Approval 12/6121 LEASE AGREEMENT Tukwila School District And City of Tukwila Riverton Park This Lease Agreement ("Agreement") is made by and between the City of Tukwila, a Washington municipal corporation ("City"), and the Tukwila School District, a Washington municipal corporation ("District"). The City and the District may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS A. The District is the owner of the real property situated at 4401 S. 133rd Street, Tukwila, Washington, known as King County Parcels Numbered: 7340600084, 7340600884, 7341600005, 7341600010, 7341600015, 7341600020, and 7341600025 legally described and depicted on Attachment A (the "Property"). B. The City desires to lease from the District, and the District agrees to lease, the Property subject to the terms and conditions more specifically set forth below in this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual covenants, conditions, duties and obligations set forth below, the Parties agree as follows: AGREEMENT 1. Incorporation. The Recitals set forth above are incorporated in this Agreement by this reference as binding commitments and representations of the Parties. 2. Term. The term of this Agreement shall, commence on the date this Agreement is signed by the last party signing the same, and extend to December 31, 2051, unless sooner terminated as provided in this Agreement. 3. Rent. The City shall pay rent to the District for the use of the Property at the rate of $1.00 per year, due and payable in a lump sum thirty dollar and zero cents (S30.00) payment within thirty (30) days of the Effective Date of this Agreement. 4. Costs. The District will annually invoice the City for any taxes, together with costs, fees and assessments, imposed against Property during term of lease. The City will reimburse the District all undisputed amounts of the invoice within forty-five days of receipt of the invoice. 5. Use of premises, The City shall use the Property for recreational and park purposes only. No other use of the Property shall be permitted unless the District's prior written consent is obtained. Page I of 8 City of Tukwila -- Tukwila School District — Riverton Park Lease Agreement Oricrids 173 6. Improvements. The City shall be entitled to make any improvements for recreation purposes to the Property. Construction of any improvements shall be at the City's sole cost and expense. At the termination of this Agreement, and provided that the first right of refusal is not exercised subject to Section 9, all improvements made by the City shall become the property of the District. 7. Utilities and maintenance. The City shall maintain, at its sole cost and expense, all improvements on the Property, and the Property itself in a state of good repair and safe for use and occupancy. The City shall repair or replace as necessary underground utility lines, water pipes, storm and sanitary sewer systems on the Property during the term of this Agreement; provided that if the District requests or makes any upgrades to any physical improvements on the Property, or utility infrastructure, the Parties shall meet and confer to determine which Party shall be responsible for the maintenance of such improvements or infrastructure. The City shall pay any and all utility charges levied or accrued against the Property during the term of this Agreement. 8. Use of premises by District. Upon two weeks prior written notice to the City, the District may use the Property , so long as the Property is not previously reserved for use by the City or a third -party. 9. Assignment and sublease. The City shall not assign, sublet, or transfer any interest in this Agreement without the prior written consent of the District which shall not be unreasonably withheld. 10. Right of First Refusal. In the event that the District shall ever desire to sell the Property, and receives a written offer therefor which the District intends to accept, the District, before accepting the offer, shall first notify the City in writing in accordance with Section 16 of this Agreement, and provide the City with a copy of the offer. The copy of the offer must contain all material terms relating to the purchase and sale. After receiving a copy of the offer, the City shall have sixty (60) days within which to the purchase the Property upon the terms and conditions set forth in the offer. 11. Property Condition. The City hereby agrees and acknowledges that it accepts the Property in AS -IS, WHERE -IS condition without any representation or warranty of any kind made by the District. 12. Indemnification. The City shall indemnify, defend and hold the District harmless from and against any and all claims, losses or liability arising from injury or death to persons, including employees of the City, or damage to the Property in relation to the City's occupation or use of the Property except for injuries and damages caused by the negligence or willful misconduct of the District. 13. Insurance. The Parties acknowledge that the City is a member of Washington Cities Insurance Authority (WCIA), a self-insurance risk pool. The City shall maintain its membership with WCIA or shall obtain and maintain other adequate liability insurance necessary to protect the public with limits of liability of not less than One Million City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 2 of 8 174 Dollars ($1,000,000) combined single limit for both bodily injury and property damage liability. 14. Lawful activity. The City agrees that all activities conducted by the City on the premises shall be in accordance with any applicable state or local law. 15. Nondiscrimination. No person shall be denied, or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability. 16. Early termination upon default. In the event of any material default by the City in the performance of any of the terms or conditions of this Agreement, the District may terminate this Agreement prior to expiration of the thirty (30) year period by giving thirty (30) days' advance written notice to the City in accordance with Section 17 specifically stating the reason for such termination, provided, however, that no such termination shall be effective if, within thirty (30) days after such notice, the City has cured the default. 17. Early termination for convenience. Either Party may terminate this Agreement upon sixty (60) days written notice to the non-moving Party. The Parties acknowledge the District's right under RCW 28A,335.040 to recapture the Property and to terminate the Lease for school purposes in accordance with this section. 18. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for the City's performance under the terms of this Agreement for any future fiscal period, the City shall not be obligated to make payments, and this Agreement shall terminate upon the completion of the last remaining time period for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 19. Notices. Any notice or other communications given hereunder shall be deemed sufficient if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: TO CITY: Director of Parks & Recreation CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 TO DISTRICT: Superintendent of Schools 4640 South 144th Street Seattle, Washington 98168 20. Applicable Law; Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 3 •f 8 175 suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 21. Entire Agreement; Modification. This Agreement, together with any attachments or addenda, represents the entire and integrated Agreement between the City and the District and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 22. Severability and Survival. If any term, condition, or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 23. Binding Covenant and Recording. This Agreement shall constitute a covenant running with the land, and shall be binding upon the parties, their heirs, successors, and assigns. The City may record this Agreement with the King County Auditor. 24. Counterpart/Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which, without production of the others, will be deemed to be an original. 25. Effective Date. This Agreement shall become effective on the latest date it is executed by both Parties. [The remainder of this page is left intentionally blank] City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 4 of 8 176 CITY 1 U WILA. By l Allan Ekberg, Mayor DATE: 1 L ZI \ Z� STATE OF WASHINGTON ) 5S. COUNTY OF KING I certify that I know or have satisfactory evidence that Allan Ekberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written, APPROVED AS TO FORM: OGDEN, MURPHY & WALLACE By Office of the City Attorney Page 5 of 8 CaQ- NOTARY PUBLIC in an Washingto residing Expires_ t 5/ i ga he State of My Commission r-N Commission Number <"j 195243 C Dalene B Qualls Z_ pY APPoirtunea ECU 1 Qf19�2025rpues WASt`. ', • City of Tukwila — Tukwila School District — Riverton Park Lease Agreement 177 TUKWILA SCHOOL DISTRICT Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that r(('''~'%� is the person who appeared before me, and said person acknowledged that s/he sighed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the 3Ax5Tthe Tukwila School District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at VA ljg y Commission Expires * -A City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 6 of 8 178 ATTACHMENT A [Legal Description] Parcel number Legal Description 7340600884 RIVERSIDE INTERURBAN TRS TR 57 LESS N 1/2 OF N 2.96 AC & LESS POR OF S 1/2 OF N 2.96 AC LY ELY OF W 200 FT THOF & LY N OF S 75 FT THOF TGW POR OF TRS 58 & 62 LY ELY OF E MARGINAL WAY S & POR OF TR 63 LY NLY OF S 133RD ST PLat Block: Plat Lot: 57-58-62-63 7341600005 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 1 7341600010 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 2 7341600015 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 3 7341600020 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 4 7341600025 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 5 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 7 of 8 179 King County i"!'ap III I ary i'4W hnwn uzn+roa�mu/ W IN IMThIrs%W4 pH.mY'IGINr vduAa9Wl xmHinva MlY !]IVWI, ITI/.1 rvu /oN6OII.f. Mnrmtl wtME'^rn or 1.i IO.1 at iu aiw r.,aMinlulklMrvna >W+vio ex¢na u 10,04lw Om, wonwonuM l„u9! ioYb wrluMMet 4 Jmeu aX!'e.FMwwm.en III IN.N I0 M M ielonp (Y �•p;kWet M; by ✓"rnrtxMy OM* uwa. MM... NW* 1111,00b4 o✓p+mio. em[flM W.t nfl* tjlr w v,..arnmyarv�Ybl*Nannn+Ml,Yna an>mrt .Immw�u: S III mi4Mml0 Mn IOW iWnnnnxM I. in%Xf R.% '10.0.9 i M!itW ian, A..w to It* irnitnmvarYWry ^. iWrnYnMaA rni IWM Ali Mo- hwy aXMAM b !a. waMNµ CV ImOutMAW in !f ^' 0 AI tn'n[ttn . il2 fan IIGIIaN.m nR tNtllN ::anl 734140012.5>h City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Wy Page 8 of 8 180 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes August 12, 2024- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Pete Mayer, David Rosen, Jefri Peters, Eric Lund, John Dunn, Laurel Humphrey, Cheryl Thompson, Deron Pointer, Marty Wine Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Alternative Response Co -Responder Program Staff is seeking approval to accept a grant award in the amount of $111,000 from the Association of Washington Cities to offset costs for the contracted services of two mental health co -responders through June 30, 2024. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. B. Contract: Evidence Justice Services Staff is seeking approval to approve an agreement with Axon in the amount of $74,437.65 through 2029 for access to Evidence Justice Software for the prosecuting attorney. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. C. Contract: Alternative Response Co -Responder Program Staff is seeking approval of a contract with Sound Health to renew the co -responder program through December 31, 2024 at the annual rate of $102,000. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. D. Resolution: Grant Applications for Riverton Park Playground and Tukwila Community Center *Staff is seeking approval to apply for Washington Wildlife and Recreation Program funding in the amount of $500,000 for the Riverton Park Playground and $1,810,000 for riverside development at Tukwila Community Center. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. 181