HomeMy WebLinkAboutA 20070314000985 King County Real Estate Services
500 Fourth Avenue,Room 500
Seattle, WA 98104 1111111110111111111
ADM-ES-0500 20070314000985
PROPERTY SERVI KCA 0.00
03/ 14 2007 11:31
KING COUNTY, WA
Please rint or ,e information WASHINGTON STATE RECORDER'S Cover Sheet RCW 65.04
Document Title(s)(at transactions contained therein):(all areas applicable to your document must be filled in
1. Interlocal Agreement between the City of Renton and King County
Reference Number(s)of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s) (Last name,first name,initials)
1 City of Renton
2.
Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1. King County •
2.
Additional names on page of document.
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
RCW 39.34.040
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Assessor's Property Tax Parcel/Account Number
N/A •
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND KING
COUNTY,RELATING TO THE ANNEXATION OF THE EAST RENTON
POTENTIAL ANNEXATION AREA
THIS AGREEMENT is made and entered into this 1,y'day of h P ,2007. The
parties("Parties")to this Agreement are the City of Renton,a State of hington
municipal corporation("City")and King County,a political subdivision of the State of
Washington("County").
WHEREAS,on an election date on or before February 13,2007,the citizens of the City's
Potential Annexation Area generally described in Exhibit A hereto (hereinafter the
"Annexation Area")will have an opportunity to vote on whether to annex to the City;and
WHEREAS,if approved by the voters,annexation of the Annexation Area to the City
will become effective on or before March 1,2007,pursuant to City ordinance;and
WHEREAS,as of the date of legal annexation of the Annexation Area,pursuant to state
law,the City will own,and have the responsibility for the operation,safety and
maintenance of all former County roads,bridges and rights-of-way located within the
City limits together with all appurtenances located within such rights-of-way,including
but not limited to,drainage facilities,stormwater facilities,environmental mitigation sites
and monitoring projects,street lights,traffic signals,traffic signs,pavement markings and
channelization; and
WHEREAS,the City and the County desire to facilitate an orderly transition of services
associated with the Annexation Area;and
WHEREAS,the City and the County desire to mutually determine the appropriate timing
for the transfer of public records;and
WHEREAS,upon annexation of the Annexation Area,the County shall make available to
the City a payment of funds from its Annexation Incentive Funds to assist with the cost of
transitioning services and in consideration of the City relieving the County of the burden
of providing public services to the areas to be annexed;and
WHEREAS,the City and the County want to ensure a smooth transfer of ownership and
maintenance of existing park facilities and properties in the Annexation Area as well as
certain greenbelt,trail and walkway properties;and
WHEREAS,the City and the County want to ensure a smooth transfer of ownership and
maintenance of existing surface water facilities'and other property interests in the
Annexation Area;and
WHEREAS,all governmental land use authority and jurisdiction with respect to the
Annexed Area transfer from the County to the City upon the date of annexation;and
WHEREAS,the governing bodies of each of the parties hereto have determined to enter
into this Agreement as authorized and provided for by the Interlocal Cooperation Act,
codified at Chapter 39.34 RCW,and other Washington law,as amended;
NOW THEREFORE,in consideration of the mutual terms,provisions and obligations
contained herein,it is agreed by and between the City and the County as follows:
1. TERM. This Agreement shall be deemed to take effect following the approval of the •
Agreement by the official action of the governing bodies of each of the Parties and
the signing of the Agreement by the duly authorized representative of each of the
Parties,and shall continue in force for a period of five(5)years from the effective
date of annexation of the Annexation Area;provided,however,that in the event the
Annexation Area is not annexed by March 1,2008,this Agreement shall terminate as
of March 31,2008..
2. ANNEXATION. The City shall take action to ensure placement on the ballot at a
regular or special election date on or before February 13,2007,for the registered
voters of the Annexation Area to vote on whether to annex to the City. If approved
by the voters,the City shall take action by ordinance to ensure that the annexation of
the Annexation Area will be effective on or before March 1,2007. The term
"Annexation Area"means the territory generally described in Exhibit A. Provided,
however,that in the event the City is unable despite its best efforts to meet the March
1,2007,annexation effective date following a successful election,the City shall take
such steps as necessary to ensure the annexation becomes effective on the first day of
the calendar month as soon thereafter as possible.
3. RECORDS TRANSFER. Upon approval of the annexation by voters and acceptance
thereof by the City,the County shall work with the City to transfer to the City public
records including but not limited to record drawings or construction drawings that are
requested by the City. The City shall send a written request for records to the director
of the County division holding such records. Alternately,the City may request in
writing that such director schedule a records transfer meeting at which a City
representatives shall meet with County department representatives in order to review
and identify records to be copied and/or transferred consistent with the terms of this
Section 3. The request shall provide sufficient detail to allow the County to identify
and locate the requested records. The County shall make its best effort to provide the
documents within forty-five(45)days of the request. The County may elect to
provide original records or copies of records. The County shall not be required to
provide records that are not reasonably available or to create records or compilations
that have not already been created. Notwithstanding anything in this section to the
contrary,sheriff records transfers will be subject to the provisions of Section 9 and
Exhibit G.
4. DEVELOPMENT PERMIT PROCESSING. Upon the effective date of the
annexation of Annexation Area,the City shall assume all responsibility for
development permit processing,including the completion of processing of all permits
previously filed with the County. For all applications upon which the County has
initiated review and that are subsequently transferred to the City pursuant to this
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Section 4,the County will retain the base permit fee and a percentage of fees
equivalent to the percentage of permit processing and administration performed by
the County on the application. Any remaining application fee amounts received by
the County prior to transfer of responsibility pursuant to this Section 4 shall be
promptly forwarded to the City.
5. ANNEXATION FUND PAYMENT. In order to partially offset the City's cost of
transitioning and providing services to the Annexation Area, and in consideration of
the City relieving the County of the burden of providing local public services in the
Annexation Area and pursuing annexation of the City's other PAA areas of West Hill,
the Cascade Remainder of the Fairwood PAA,and(if the matter of incorporation is
either not submitted to the voters or fails at the ballot)the entire Fairwood PAA,the
County will provide the City with a payment from the annexation initiative incentive
reserve funds. Unless reduced pursuant to subsection 5(a)of this Agreement,this
payment shall total$1,000,000. The payment shall be composed of$100,000 in
Current Expense Funds,and$900,000 from the Real Estate Excise Tax(REET),
Number 2 Fund.
a. In the event the annexation is approved at the initial election but the City is unable
despite its best efforts to make the annexation effective by March 1,2007,then
the payment to the City shall be reduced by$50,000 in REET funds for every
calendar month until such time as the annexation is effective from and after
March 2007 through
December 2007.
b. In the event the annexation is not approved at the initial vote in February 2007,
then no annexation incentive funds will be payable to the City with respect to
annexation of the Annexation Area.
c. The City shall expend the REET dollars consistent with the limitations placed on
the use of this fund under King County Code Section 4.32.012 as currently
adopted or hereafter amended. •
b. The payment of REET and Current Expense Funds shall be made not later than 30
days after the effective date of the annexation.
d. Not less than$50,000 of the payments made to the City shall be allocated by the
City to a community visioning and planning effort to be conducted with extensive
resident input of persons living in the Annexation Area.
6. PARK AND OPEN SPACE FACILITIES AND PROPERTIES
As of the effective date of the annexation,the County shall transfer to the City,and
the City shall accept,the park,open space,greenbelt and trail/walkway properties
listed in Exhibit B(collectively,the"Park Properties"), attached hereto and
incorporated herein,which Park Properties are more generally known as:
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• Maplewood Park
• Maplewood Heights Park
• Sierra Heights Park(including Honey Dew Park)
• The Cedar to Sammamish Trail Site
• May Creek Parcels currently owned by King County within the City's
corporate limits
• Greenbelt Properties
• Trail/Walkway Properties
These transfers shall be accomplished through the execution by the County Executive
and Mayor of Renton of an intergovernmental transfer agreement in substantially the
form as Exhibit C,attached hereto and incorporated herein,which execution shall
occur within thirty(30)days of the effective date of this Agreement.
7. SURFACE WATER MANAGEMENT
a. Transfer of Drainage Facilities and Drainage Facility Property Interests.
i. Upon the effective date of annexation for the area in which the"Drainage
Facilities"identified in Exhibit D,attached hereto and incorporated herein by
reference,are located, those Drainage Facilities which are held by the County
as specifically identified in Tables A and C of Exhibit D shall automatically
be transferred from the County to the City,and the City shall assume
ownership and full and complete responsibility for the operation,
maintenance,repairs,and any subsequent improvements to the Drainage
Facilities. The Drainage Facilities identified in Table B of Exhibit D shall
not be transferred but shall remain in private ownership. Inspection of the
facilities identified in Table B may be undertaken by the City from and after
the effective date of annexation.
ii. The County shall upon the effective date of annexation for the area in which
the"Drainage Facility Property Interests"identified in Exhibit E,attached
hereto and incorporated herein by reference,are located,convey by quit claim
deed in substantially the form in Exhibit F,attached hereto and incorporated
herein by reference,to the City,and the City shall accept,the Drainage
Facility Property Interests,subject to all rights,conditions,covenants,
obligations, limitations and reservations of record for such property interests.
The City agrees to abide by and enforce all rights,conditions, covenants,
obligations,limitations and reservations for the Drainage Facility Property
Interests.
iii. The County is willing to provide surface water management services and
maintenance for the Annexation Area via separate written agreement between
the Parties.
iv. Both parties will make staff available to identify and review any additional
County-owned local drainage facilities,easements,and other property
interests within the Annexation Area that should appropriately be conveyed to
the City. Such facilities and other property interests include those for which
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the County's facility acceptance process has not yet been completed,including
both projects being constructed by the County as well as projects subject to
County approval that are constructed by third parties.Any such additional
County-owned drainage properties or other property interests shall be
transferred to the City pursuant to this Agreement and upon County approval,
including if necessary the adoption of an ordinance authorizing the transfer of
King County owned drainage properties and property interests. The transfer
of responsibility for drainage facilities shall be documented in writing,
including specific facilities transferred and the date of transfer and such
documentation signed by the appropriate City representative and the Director
of the King County Water and Land Resources Division.
b. Condition of and Responsibility for Operations, Maintenance, Repairs, and
Improvements of Drainage Facilities and Drainage Facility Property Interests.
i. The City will have the opportunity to inspect the Drainage Facilities and
Drainage Facility Property Interests before accepting ownership,however
regardless of such inspection the City has the duty to accept all facilities and
properties as specified in this agreement.The County will make its records
concerning the Drainage Facilities and Drainage Facility Property Interests
available to the City,and the County personnel most knowledgeable about the
Drainage Facilities and Drainage Facility Property Interests will be available
to jointly inspect the property with the City personnel and to point out known
conditions,including any known defects or problems,if any,with the
Drainage Facilities and Drainage Facility Property Interests. The City agrees
to accept the Drainage Facilities and Drainage Facility Property Interests in
AS IS condition,and to assume full and complete responsibility for all
operations,maintenance,repairs, and improvements of the Drainage Facilities
and Drainage Facility Property Interests.
ii. King County does not make and specifically disclaims any warranties,express
or implied,includinganywarrantyof merchantabilityor fitness for a
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particular purpose,with respect to the Drainage Facilities and Drainage
Facility Property Interests, and no official,employee,representative or agent
of King County is authorized otherwise.
iii. The City acknowledges and agrees that except as indicated in paragraph
7(c)(ii),the County shall have no liability for,and that the City shall release
and have no recourse against the County for,any defect or deficiency of any
kind whatsoever in the Drainage Facilities and Drainage Facility Property
Interests without regard to whether such defect or deficiency was known or
discoverable by the City or the County.
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c. Environmental Liability related to the Drainage Facilities and Drainage Facility
Property Interests
i. "Hazardous Materials" as used herein shall mean any hazardous,dangerous or
toxic wastes,materials, or substances as defined in state or federal statutes or
regulations as currently adopted or hereafter amended.
ii. Nothing in this agreement shall be deemed to waive any statutory claim for
contribution that the City might have against the County under federal or state
environmental statutes that arises from hazardous materials deposited or
released on the Drainage Facilities or Drainage Facility Property Interests by
the County during the County's period of ownership. The City may not,
however,assert such a claim to the extent that the City creates the need for or
exacerbates the cost of remediation upon which a statutory claim for
contribution is based as a result of the City performing construction activities
on,changing the configuration of,or changing the use of the Drainage
Facilities or Drainage Facility Property Interests.
iii. If the City discovers the presence of hazardous materials at levels that could
give rise to a statutory claim for contribution against the County it shall
immediately notify the County in writing. The parties shall make their best
efforts to reach agreement as to which party is responsible for remediation
under the terms of this Agreement prior to undertaking any remediation.
iv. In no event shall the County be responsible for any costs of remediation that
exceed the minimum necessary to satisfy the state or federal agency with
jurisdiction over the remediation.
d. Indemnification related to Drainage Facilities and Drainage Facility Property
Interests.
i. King County shall indemnify and hold harmless the City and its elected
officials,officers,agents or employees,or any of them,from and against any
and all claims,actions,suits,liability,loss,costs,expenses and damages of
any nature whatsoever, arising from those occurrences related to the Drainage
Facilities and Drainage Facility Property Interests that occurred prior to the
effective date of annexation,except to the extent that indemnifying or holding
the City harmless would be limited by Section 7(c)of this Agreement. In the
event that any suit based upon such a claim,action,loss or damage is brought
against the City or the City and King County,King County shall defend the
same at its sole cost and expense and,if final judgment be rendered against
the City and its elected officials,officers,agents and employees or jointly
against the City and King County and their respective elected officials,
officers,agents and employees,King County shall satisfy the same.
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ii. The City shall indemnify and hold harmless King County and its elected
officials,officers,agents and employees,or any of them, from and against any
and all claims,actions,suits, liability,loss,costs,expenses and damages of
any nature whatsoever,arising from those occurrences related to the Drainage
Facilities and Drainage Facility Property Interests that occur on or after the
effective date of annexation,except to the extent that indemnifying or holding
the County harmless would be limited by Section 7(c)of this Agreement. In
the event that any suit based upon such a claim,action,loss or damage is
brought against King County or King County and the City,the City shall
defend the same at its sole cost and expense and,if final judgment be rendered
against King County and its officers,agents and employees or jointly against
King County and the City and their respective officers,agents and employees,
the City shall satisfy the same.
iii. For a period of three years following transfer,each party to this Agreement
shall immediately notify the other of any and all claims,actions, losses or
damages that arise or are brought against that Party relating to or pertaining to
the Drainage Facilities and Drainage Facility Property Interests.
iv. Each Party to this Agreement agrees that its obligations under this paragraph
extend to any claim,demand,and/or cause of action brought by or on behalf
of any employees,or agents.For this purpose,each Party to this Agreement,
by mutual negotiation,hereby waives, with respect to the other party only,any
immunity that would otherwise be available against such claims under the
Industrial Insurance provisions of Title 51 RCW,but only to the extent
necessary to indemnify the other party.
v. The provisions of this Section 7 shall survive the expiration or termination of
this Agreement.
8. JAIL SERVICES. On and after the date of annexation,the Annexation Area is
subject to the existing Interlocal Agreement between King County and the City of
Renton for Jail Services. All misdemeanor crimes that occur in the Annexation Area
prior to the date of annexation will be considered c times within the jurisdiction of
King County for the purposes of determining financial responsibility under said
Interlocal Agreement for Jail Services. All misdemeanor crimes that occur in the
Annexation Area on or after the date of annexation will be considered crimes within
the jurisdiction of the City for purposes of determining financial responsibility under
the Interlocal Agreement for Jail Services.
9. POLICE SERVICES. On the effective date of the annexation,police service
responsibility within the Annexation Area will be transferred to the City,unless the
parties subsequently execute a contract to extend sheriff service patrol in the area as
described in subparagraph c below. Criminal cases and investigations occurring or
pending in the Annexation Area prior to the effective date of the annexation,or
termination of any sheriff service contract,whichever is later,remain the
responsibility of the County. At the time responsibility for police services is
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transferred to the City(i.e.,upon annexation or the termination of any sheriff services
contract,which ever is later),the parties shall implement the police transition plan
attached hereto at Exhibit G. In addition to the provisions of that transition plan,the
parties further agree as follows:
a. Sharing of community information: The County agrees to provide community
contact lists that the County may have regarding the Annexation Area to the City
within 90 days of the City so requesting such information. These lists may
include,but are not limited to:members of block watch programs,community
groups,and/or homeowner's associations.
b. Annexation of Emergency Response(911)Services: The City and County agree
to coordinate the transfer of emergency response services-(911)in the Annexation
Area.
c. Extension of Sheriff Services to Annexation Area under Separate Contract. The
County is willing to extend Sheriff Services to the Annexation Area under a
separate agreement with the City. Any such agreement shall provide(a)that the
level of service,including but not limited to patrol,investigations,police 911
services,and support services,but excluding services funded or and provided only
to unincorporated King County,shall be equivalent to that provided at the time of
annexation in the Annexation Area by the King County Sheriff' Office;(b)the
length of the agreement shall be not less than six months;(d)the City shall
provide not less than 60 days notice of any request for extension of said
agreement;and(e)each the extension period shall be not less than three months.
The terms of such separate agreement shall be primary to the terms of this
agreement wherever the terms are in conflict. Nothing in this Agreement shall be
construed as a commitment to extend sheriff's services to the City in other
annexation areas.
10.DISTRICT COURT SERVICES TRANSITION. The County will be responsible for
the prosecution and payment of any fees or assessments associated with,
misdemeanor criminal cases filed by the County prior to the effective date of
annexation. The City will be responsible for the prosecution of,and payment of court •
filing fees and other fees associated with misdemeanor criminal case filed by the City
from and after the effective date of annexation,regardless of the time of the events
from which the misdemeanor arose.
11. STATUS OF COUNTY EMPLOYEES. Subject to City civil service rules and state
law,the City agrees to consider the hiring of County employees whose employment
status is affected by the change in governance of the Annexation Area,provided that
the City's consideration of hiring affected sheriff department employees shall be
governed by the provisions set forth in RCW 35.13.360 et seq. The County shall in a
timely manner provide the City with a list of those affected employees.
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12. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the
following persons shall be the administrators of this Agreement and shall be the
contact person for their respective jurisdiction.
City of Renton: King County:
Chief Administrative Officer Director,Office of Management and Budget
City of Renton King County
1055 S. Grady Way 701 5th Avenue
Renton,WA 98057 Suite 3200
Seattle,WA 98104
13. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance
with federal,state,and local laws and regulations. Specifically,in meeting the
commitments encompassed in this Agreement,all parties will comply with,among
other laws and regulations,the requirements of the Open Meetings Act,Public
Records Act,Growth Management Act,State Environmental Policy Act,and
Annexation Statutes. The Parties retain the ultimate authority for land use and
development decisions within their respective jurisdictions as provided herein. By
executing this Agreement,the Parties do not purport to abrogate the decision-making
responsibility vested in them by law.
14. INDEMNIFICATION.
The following indemnification provisions shall apply to the entirety of this
Agreement except for: (1)Section 7 concerning Drainage Facilities and Drainage
Facility Property Interests,which Section shall be controlled exclusively by the
provisions therein;and(2)Exhibit C relating to the transfer of park and open space
properties which also contains separate indemnification provisions.
a. The County shall indemnify and hold harmless the City and its officers,agents
and employees,or any of them from any and all claims,actions, suits,liability,
loss, costs,expenses,and damages of any nature whatsoever,by reason or arising
out of any negligent action or omission of the County,its officers,agents,and
employees,or any of them,in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim,action,loss,or damage is
brought against the City,the County shall defend the same at its sole cost and
expense,provided that the City retains the right to participate in said suit if any
principal of governmental or public law is involved,and if final judgment be
rendered against the City and its officers,agents,and employees,or any of them,
or jointly against the City and County and their respective officers,agents,and
employees,or any of them,the County shall satisfy the same.
b. The City shall indemnify and hold harmless the County and its officers,agents
and employees or any of them from any and all claims,actions, suits,liability,
loss,costs,expenses,and damages of any nature whatsoever,by reason or arising
out of any negligent action or omission of the City,its officers,agents,and
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employees,or any of them,in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim,action,loss,or damage is
brought against the county,the City shall defend the same at its sole cost and
expense,provided that the County retains the right to participate in said suit if any
principal of governmental or public law is involved; and if final judgment be
rendered against the County and its officers, agents,employees,or any of them,or
jointly against the City and County and their respective officers,agents,and
employees or any of them,the City shall satisfy the same.
c. The City and the County acknowledge and agree that if such claims,actions,suits,
liability,loss,costs,expenses and damages are caused by or result from the
concurrent negligence of the City,its agents, employees,and/or officers and the
County,its agents,employees,and/or officers,this section shall be valid and
enforceable only to the extent of the negligence of each party,its agents,
employees and/or officers.
d. The provisions of this Indemnification Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
15.CONTINUED ANNEXATION EFFORTS. The parties agree to continue in good
faith to work collaboratively in support of the near-term annexation of the remainder
of the East Renton Plateau if any,which may not be subject to election in 2007,as
well as the annexation of the City's West Hill PAA,and the Fairwood PAA to the
extent the latter is not incorporated.
16. GENERAL PROVISIONS.
a. Entire Agreement. This Agreement together with all Exhibits hereto contains all
of the agreements of the Parties with respect to any matter covered or mentioned
in this Agreement and no prior agreements shall be effective for any purpose.
b. Filing. A copy of this Agreement shall be filed with the Renton City Clerk and
recorded with the King County Auditor.
c. Records. Until December 31,2013,any of either party's records related to any
matters covered by this Intergovernmental Agreement not otherwise privileged
shall be subject to inspection,review,and/or audit by either party at the
requesting party's sole expense. Such records shall be made available for
inspection during regular business hours within a reasonable time of the request.
Other provisions of this section notwithstanding,police/sheriff records shall be
retained according to the state records retention schedule as provided in RCW
Title 42 and related Washington Administrative Code provisions.
d. Amendments. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
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e. Severability. If one or more of the clauses of this Agreement is found to be
unenforceable,illegal,or contrary to public policy,the Agreement will remain in
full force and effect except for the clauses that are unenforceable,illegal,or
contrary to public policy.
f. Assignment. Neither the City nor the County shall have the right to transfer or
assign,in whole or in part,any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
g. Successors in Interest. Subject to the foregoing subsection,the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest,heirs,and assigns.
h. Dispute Resolution. The Parties should attempt if appropriate to use a formal
dispute resolution process such as mediation,through an agreed-upon mediator
and process,if agreement cannot be reached regarding interpretation or
implementation of any provision of this Agreement. All costs for mediation
services would be divided equally between the Parties. Each jurisdiction would
be responsible for the costs of their own legal representation.
i. Attorneys' fees. In the event either of the Parties defaults on the performance of
any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney,or files a lawsuit,each Party shall pay all
its own attorneys'fees,costs and expenses.
j. No waiver. Failure of either the County or the City to declare any breach or
default immediately upon the occurrence thereof,or delay in taking any action in
connection with, shall not waive such breach or default.
k. Applicable Law. Washington law shall govern the interpretation of this
Agreement. King County shall be the venue of any arbitration or lawsuit arising
out of this Agreement.
1. Authority. Each individual executing this Agreement on behalf of the City and
the County represents and warrants that such individuals are duly authorized to
execute and deliver the Agreement on behalf of the City or the County.
m. Notices. Any notices required to be given by the Parties shall be delivered at the
addresses set forth above in Section 12. Any notices may be delivered personally
to the addressee of the notice or may be deposited in the United States mail,
postage prepaid,to the addresses set forth above in Section 12. Any notice so
posted in the United States mail shall be deemed received three(3)days after the
date of mailing.
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n. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
o. Equal Opportunity to Draft. The Parties have participated and had an equal
opportunity to participate in the drafting of this Agreement.No ambiguity shall be
construed against any party upon a claim that that party drafted the ambiguous
language.
p. Third Party Beneficiaries. This agreement is made and entered into for the sole
protection and benefit of the parties hereto. No other person or entity shall have
any right of action or interest in this Agreement based on any provision set forth
herein.
IN WITNESS THEREOF,the Parties have executed this Agreement.
CITY OF RENTON: KING COUNTY:
-.Ko; atretp,_ A ,, , I .
Kathyr,Mayor = I im Executive
Y
Date: j-J,111/ital. 2i UPI Date: p-•G-01
ATTEST: ATTEST:
II h GSC{ ✓►1 _...__ ..=_- —
Michele Neumann, Deputy City Clerk
DATED: i-.L,U A 0 2-007
DATED: .. . .
Approved as to Form:
Approved as to Form:
ae�iw".., 0c _3)-_.e
City AttorneyAC OA_
isforogariftiovil,
Sr.Deputy Prosecuting Attorney
1.
as
DEAL
12
STATE OF WASHINGTON)
)SS
COUNTY OF KING )
On this Zh 61 day of reb✓u oc-f V ,2007,before me,the
undersigned,a Notary Public in and for the State of Washington,duly commissioned and
sworn personally appeared,to me known to be the individual described in and who
executed the forgoing instrument,and acknowledged to me that Kamy Keo f 1 e/
signed and sealed the said instrument as in ear free and voluntary act And deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed the day and -ar in this ce 'ficate
above written. kOeyt`,,ti,szt 0111r4
.s,4,111
.w cA ..F��„�,.t,, t� o a ublic in an, for the
State of Washington,residing
. . .. 4 at -6,✓I) GOA
(. . ° = City and State
/l �6Ty�;,g�a��';�� My appointment expires (o-�R'-&2O?
°�!3•l�i�\ie•°e
STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this `3VW day of ,2007,before me,the
undersigned,a Notary Public in and for the the State f Washington,duly commissioned and
sworn personally appeared,to me known to be the individual described in and who
executed the forgoing instrument,and acknowledged to me that 4pgAi-b a, '1/i5
signed and sealed the said instrument as /4.45 free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed_thee day and year in t 's ce rlj i ate
above written. O%!'�.AA-10
t E A i Notary bhc in an o e
ot 04,4�� State of Washington,residing
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13
Exhibit A
Description of Annexation Area
(Note: As contemplated by this Agreement, the Annexation Area is the "Preserve Our
Plateau Area"annexation petition as approved by the King County Boundary Review
Board in August 2006.)
PRESERVE OUR PLATEAU ANNEXATION
LEGAL DESCRIPTION
The lands included within the Preserve Our Plateau Annexation area are situated in
Sections 11, 12, 13, 14, 15, 23, &24 all in Township 23 North,Range 5 East,W.M. and
Sections 18 and 19,both in Township 23 North, Range 6 East, W.M. , all King County,
Washington,more particularly described as follows:
Beginning at the intersection of the northerly right-of-way margin of SE 128th St with the
easterly line of the existing City of Renton Limits as annexed under Ordinance No. 4829,
in the Southwest quarter of said Section 11;
Thence easterly along said northerly right-of-way margin, crossing 155th Ave SE and
156th Ave SE, to the east line of the Southwest quarter of said Section 11, said east line
also being the Urban Growth Boundary(UGB)line;
Thence continuing easterly along the courses of the northerly right-of-way margin of SE
128th St and said UGB line, crossing 160th Ave SE and the west half of 164th Ave SE,to
the section line common to said Sections 11 and 12;
Thence continuing easterly along the courses of the northerly right-of-way margin of SE
128th Street and said UGB line, crossing the east half of 164th Ave SE and 169th Ave SE,
to an intersection, in the Southwest quarter of the Northeast quarter of the Northwest
quarter of said Section 13;
Thence southerly along said northerly extension and said east line, and said UGB line, to
an intersection with the north line of the Southeast quarter of the Northwest quarter;
Thence easterly along said north line and said UGB line, to the west line of the East
quarter of said subdivision;
Thence southerly along said west line and said UGB line,to the Northwest corner of Lot
1 of King County Short Plat S90S0040, as recorded in Book 101 of Surveys, Page 236,
records of King County,Washington;
Thence easterly along the North line of said Lot 1 and said UGB line, to the northeast
corner of said Lot 1, said northeast corner also being on the west line of the Northeast
quarter of said Section 13;
14
Thence easterly along said UGB line,crossing 172nd Ave SE,to the intersection of the
easterly right-of-way margin of 172nd Ave SE and the southerly right-of-way margin of
SE 132nd St;
Thence continuing easterly along the southerly right-of-way margin of SE 132nd St and
said UGB line,crossing 173''Ave SE, 175th Ave SE, 178th Ave SE and the west half of
180th Ave SE,to an intersection with the east line of said subdivision,said east line also
being the west line of the Southwest quarter of the Northwest quarter of said Section 18;
Thence continuing easterly along said right-of-way of SE 132nd St and said UGB line,
crossing the east half of 180th Ave SE, 1818t Ave SE and 182nd Ave SE,to an intersection
with the easterly right-of-way margin of 182nd Ave SE;
Thence southerly along said easterly right-of-way margin of 182nd Ave SE and said UGB
line,to an intersection with the northerly right-of-way margin of SE 134th St in the
Southwest quarter of the Northwest quarter of said Section 18;
Thence easterly along said northerly right-of-way margin of SE 134th St and the easterly
extension of said northerly right-of-way margin and said UGB line,crossing 184th Ave
SE,to an intersection with the easterly right-of-way margin of 184th Ave SE in the
Southeast quarter of the Northwest quarter of said Section 18;
Thence southerly along said easterly right-of-way margin of 184th Ave SE and the
southerly extension thereof and said UGB line,crossing WE 135th St, SE 136th St and SE
144th ST,to an intersection with the southerly right-of-way margin of SE 144th St,as
deeded to King County per King County Recording No.3000495 in the Northwest
quarter of said Section 19;
Thence westerly along said southerly right-of-way margin of SE 144th St and said UGB
line,to an intersection with the east line of Renton-Suburban Tracts Division No. 8,as
recorded in Volume 69 of Plats,Pages 74-76,inclusive,records of King County,
Washington,in Government Lot 1 of said Section 19;
Thence southerly along said east line and said UGB line,to the Southeast corner of said
Plat;
Thence westerly along the courses of the south boundary of said plat and said UGB line,
to an intersection with the south line of Renton-Suburban Tracts Div.No. 6,as recorded
in Volume 66 of Plats,Pages 33-35,inclusive,records of King County,Washington,in
the Northeast quarter of said Section 24;
Thence westerly along the south line of said plat and said UGB line,to the most
southwest corner of said plat,said southwest corner also being the northeast corner of
Government Lot 5 of said Section 24;
15
Thence southerly along the east line of said Government Lot 5 and said UGB line,to the
northeast corner of Lot 31 of Renton-Suburban Tracts Div.No. 7,as recorded in Volume
69 of Plats,Pages 39-14,inclusive,records of King County,Washington;
Thence southwesterly and northwesterly along the south boundary of said plat and said
UGB line,to an intersection with the east line of Government Lot 10 of said Section 24,
said east line also being the east line of Tract A of Briarwood south No.6,as recorded in
Volume 97 of Plats,Pages 68-69,records of King County, Washington;
Thence northerly along said east line of said Government Lot 10 and said Tract A and
said UGB line,to the northeast corner of said Tract A;
Thence westerly along the courses of the north boundary of said Tract A,and said UGB
line,to the northwest corner of said Tract A,said northwest corner also being a point on
the east line of the Northeast quarter of said Section 23;
Thence northerly along said east line and said UGB line,to the northeast corner of Tract
C of Skyfire Ridge Div.No. 1,as recorded in Volume 141 of Plats,Pages 93-99,
inclusive,records of King County,Washington;
Thence westerly along the courses of the north boundary of said Tract C and said UGB
line,to the northwest corner of said Tract C,said northwest corner also being a point on
the east line of the Southwest quarter of the Northeast quarter of said Section 23;
Thence northerly along said east line and said UGB line,to the northeast corner of said
subdivision;
Thence westerly along the north line of said subdivision and said UGB line,to the
northwest corner of said subdivision,said northwest corner also being the northeast
corner of Government Lot 7 of said Section 23;
Thence North 88°00'30 West, along the north line of said Government Lot 7 and said
UGB line in said Section 23, a distance of 100 feet;
Thence South 31°31' 00"West,along said UGB line,a distance of 648 feet;
Thence North 55°51' 30"West,along said UGB line,a distance of 250 feet;
Thence South 31°31' 00"West,along said UGB line,a distance of 150 feet;
Thence North 55°51' 30"West,along said UGB line,to an intersection with the
southeasterly right-of-way margin of 154th P1 SE(Orton County Road);
Thence southwesterly along said southeasterly right-of-way margin of 154th P1 SE and
said UGB line,to an intersection with the northeasterly right-of-way margin of J.E.
16
Jones Rd.No. 1182 in said Government Lot 7,said intersection also being the point at
which the UGB line and the boundary line for the subject annexation diverge;
Thence northwesterly crossing 154th PI SE,to the point of intersection of the
northeasterly right-of-way margin of said J. E.Jones Rd.No. 1182 and the northwesterly
right-of-way margin of 154th PI SE;
Thence northeasterly,northerly and northwesterly along the northwesterly right-of-way
margin of 154th PI SE,as established in 1962 and as currently paved for use,said right-
, of-way also being,in part,the northwesterly right-of-way margin of W.J.Orton Road
No.2023 by Deed,bearing Auditor's File No. 2126697 and recorded in Volume 1300 of
Deeds,Page 221,records of King County,Washington,to an intersection with the north
Line of the northwest quarter of said Section 23;
Thence northwesterly,northerly and northeasterly along said northwesterly right-of-way
margin of 154th PI SE,said right-of-way margin also being on a curve to the right,having
a street center line radius of 358.1 feet,to an intersection with the southerly extension of
the westerly right-of-way margin of 154th Ave SE(Maple Street)as dedicated in Cedar
River Five Acre Tracts,as recorded in Volume 16 of Plats,Page 52,records of King
County,Washington,in the Southwest quarter of said Section 14;
Thence northerly along the westerly right-of way margin of 154th Ave SE,to its
intersection with the southerly right-of-way margin of SE 142"d St;
Thence westerly,along said southerly right-of-way margin of said SE 142"d St,crossing
152"d Ave SE,to a point of intersection with the southerly extension of the westerly right-
of-way margin of 152"d Ave SE,in the Southwest quarter of the Southwest quarter of said
section 14;
Thence northerly along said southerly extension and said westerly right-of-way margin of
152"Ave SE,crossing SE 142nd St, SE 140 P1,SE140th Pl, SE 139th PI and SE 138th Pi,
to the northeast corner of Briar Hills No.4,as recorded in Volume 113 of Plats,Page 77,
records of King County;
Thence westerly along the north line of said Plat,crossing 148th Place SE,to the
northwest corner of said plat,said northwest corner also being the northeast corner of
Briarwood Lane,as recorded in Volume 104 of Plats,Pages 30 and 31,records of King
County,in the Southeast quarter of said Section 15,
Thence continuing westerly along the north line of said Briarwood Lane plat,to the
northwest corner thereof;
Thence southerly along the west line of said plat,to the southwest corner thereof,said
southwest corner also being a point on the north line of the South quarter of the South
half of the Northeast quarter of the Southeast quarter of said Section 15,and also being a
17
point on the north line of Maple Ridge,as recorded in Volume 86 of Plats,Pages 85 and
86,records of King County;
Thence westerly,northeasterly,northwesterly and westerly along the various courses of
the north line of said Plat,to the northwest corner thereof;
Thence southerly along the west line of said Plat,to an intersection with the south line of
the Northwest quarter of the Southwest quarter of the Northeast quarter of the Southeast
quarter of said Section 15;
Thence westerly along said south line and the westerly extension of said south line,
crossing 144th Ave SE,to a point on the westerly right-of-way margin of 144th Ave SE in
the Northwest quarter of the Southeast quarter of said Section 15;
Thence northerly along said westerly right-of-way margin,crossing SE 138th St,to an
intersection with the existing City of Renton Limits as annexed under Ordinance No.
5171,at the intersection of said westerly right-of-way margin of 144th Ave SE and the
southerly right-of-way margin of NE 2`d St;
Thence generally northerly and easterly along the existing City Limits of Renton,as
annexed under Ordinance Nos. 5171,4876,4760, 5140,4760, 5064 and 4829,crossing
SE 128th St,to the point of beginning.
18
Exhibit B
Property Description
General Description and Names of County Parks,Greenbelts,and Trails/
Walkways Transferring to the City of Renton
(Collectively,the"Parks Properties")
Name of park Amenities/facilities
Maplewood Park 44.6 acre site with open playfield,multi-
purpose court,play equipment,fitness
circuit and picnic area
Sierra Heights Park,including 8.4 acre site with fitness circuit. Main
Honey Dew Park parcel is wooded with linear parcel
providing neighborhood trail to park
Cedar to Sammamish Trail Site Undeveloped site purchased as link in
regional trail system
May Creek Parcels Undeveloped parcels
Maplewood Heights Park 19.16 acre undeveloped site
Greenbelt properties 4 parcels
Trail/Walkway properties 2 parcels and 1 easement
19
Exhibit C
Form of Parks and Open Space Transfer Agreement
Intergovernmental Land Transfer Agreement Between
King County and the City of Renton
Relating to the Ownership, Operation and Maintenance of Parks,
Open Space,Greenbelt and Trail/Walkway Properties
This Agreement is made and entered into this day by and between the City of Renton,
hereinafter called "City",and King County,hereinafter called"County."
WHEREAS the City desires to own,operate,and maintain parks,open space,recreation
facilities and programs and other municipal programs, facilities and property inside and
adjacent to its corporate boundaries; and
WHEREAS the County,under the authority of RCW 36.89.050,King County Resolution
34571 and other federal,state and county laws,has acquired and developed a substantial -
park,recreation and open space system that depends on the continued operation of its
many individual properties and facilities in order.to fully serve the needs of the residents
of King County and the cities within it;and
WHEREAS the County desires to divest itself of ownership,management,and financial
responsibility for local parks,open space,recreational facilities and programs inside and
near the City boundaries; and
WHEREAS the following County owned parks and park properties are located in the
City's East Renton Plateau Potential Annexation Area: Maplewood Park;Sierra Heights
Park(including a parcel known as Honey Dew Park);certain property acquired as a
portion of the Cedar to Sammamish Trail Site(the"Cedar to Sammamish Trail Site");
certain undeveloped park parcels in the May Creek area(the"May Creek Parcels");and
Maplewood Heights Park(all of which properties are collectively referred to herein as the
"East Renton Plateau Local Parks")as further described in Exhibits A and Exhibits B-1,
B-2,B-3,B-4 and B-5 hereto;and
WHEREAS,the County also owns certain undeveloped properties within the East Renton
Plateau Potential Annexation Area which were acquired to be preserved as greenbelts,as
further described in Exhibit B-6(the"Greenbelt Properties);and
WHEREAS,the County also has certain property interests acquired for trail and walkway
purposes,as further described in Exhibit B-7(the Trail/Walkway Properties");and
WHEREAS the County is legally restricted from converting parks from their current uses
without expending funds to replace the converted facilities; and
20
Exhibit C
Form of Parks and Open Space Transfer Agreement
WHEREAS given the legal restriction regarding conversion of parks,the marketability of
the properties is limited and,as a result,the cost of operating the East Renton Plateau
Local Parks is approximately equal to the value of the property to the County; and
WHEREAS to the extent the City y provides scholarships,reduced fees or other means of
assuring access to parks and recreational programming for City residents,the City has a
goal of ensuring that such scholarships or other needs-based rates and programs are
available to all persons desiring to use the park and recreational programs regardless of
residency;and
WHEREAS it is in the best interest of the public that the City and the County take those
actions necessary to transition the East Renton Plateau Local Parks,the Greenbelt
Properties and Trail/Walkway Properties(collectively,the"Park Properties")to City
ownership in order to insure a smooth transition and avoid service disruption;
NOW,THEREFORE,in consideration of the mutual promises contained herein and other
good and valuable consideration,the receipt and adequacy of which are hereby
acknowledged,the City and the County agree as follows:
1. Conveyance of Title
1.1.Within thirty(30)days of execution of this Agreement,King County shall convey
to the City by bargain and sale deed all its ownership interest,and/or,when
possible,by assignment,any leasehold interest or shared use responsibility,in the
following listed Park Properties,which are described more fully in Exhibits B1,
B2,B3,B4,and B5 hereto:
Maplewood Park(Exhibit B-1)
Sierra Heights Park,including Honey Dew Park(Exhibit B-2)
Cedar to Sammamish Trail Site(Exhibit B-3)
May Creek Parcels(Exhibit B-4)
Maplewood Heights Park(Exhibit B-5)
1.2 Within thirty(30)days of execution of this Agreement,King County shall convey
to the City by quitclaim deed in substantially the form in Exhibit D,attached
hereto and incorporated herein by reference,to the City,and the City shall accept,
the Greenbelt Properties identified in Exhibit B-6 and the Trail/Walkway
Properties identified in Exhibit B-7,both of which exhibits are attached hereto
and incorporated herein by reference,and which conveyance and acceptance shall
be subject to all rights,conditions,covenants,obligations,limitations and
reservations of record for such property interests. The City agrees to abide by and
enforce all rights,conditions,covenants,obligations,limitations and reservations
for the Greenbelt Properties and Trail/Walkway Properties.
21
Exhibit C
Form of Parks and Open Space Transfer Agreement
1.3 All deeds for the East Renton Plateau Local Parks described in Exhibits A,and
B-1 through B-5)shall also contain the following specific covenants pertaining to
use,which covenants shall run with the land for the benefit of the County and the
County land that makes up its public park,recreation and open space system. The
County and the City agree that the County shall have standing to enforce these
covenants,which shall be set forth as follows:
"The City covenants that the Property shall continue to be used in perpetuity
for park or recreation purposes unless other equivalent lands or facilities within
the county or the city are received in exchange therefore and the replacement
lands or facilities are used in perpetuity for park or recreation purposes."
"The City 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."
"The City covenants that it shall place the covenants herein in any deed
transferring the Property or a portion of the Property for public park,recreation
or open space uses."
1.3.1 The deeds for the Maplewood Park Parcel A,Sierra Heights Park Parcel A,
May Creek Parcels and Maplewood Heights Park shall also contain the
following specific covenants pertaining to use,which covenants shall run with the
land for the benefit of the County and the County land that makes up its public
park,recreation and open space system. The County and the City agree that the
County shall have standing to enforce these covenants,which shall be set forth as
follows:
"The City 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 therefor."
1.3.2 The deed(s)for Maplewood Park Trail Easement Parcel E and the Cedar to
Sammamish Trail site shall also contain the following specific covenants
pertaining to use,which covenants shall run with the land for the benefit of the
County and the County land that makes up its public park,recreation and open
space system. The County and the City agree that the County shall have
standing to enforce these covenants,which shall be set forth as follows:
"The City acknowledges that the Property was purchased for open space
purposes with funds from Open Space Bonds authorized in 1989 by King
22
Exhibit C
Form of Parks and Open Space Transfer Agreement
County Ordinance 9071 and covenants that it shall abide by and enforce all
terms,conditions and restrictions in Ordinance 9071,including that the City
covenants that the Property will continue to be used for the purposes
contemplated by Ordinance 9071,which prohibits both active recreation and
motorized recreation such as off-road recreational vehicles but allows passive
recreation,that the Property shall not be transferred or conveyed except by
agreement providing that the Property shall continue to be used for the purposes
contemplated by Ordinance 9071,and that the Property shall not be converted to
a different use unless other equivalent lands and facilities within the County or
the City shall be received in exchange therefore."
1.3.3 The Deeds for Maplewood Park Parcels A,C1-3, and D, Sierra Heights
Park(including Honey Dew),Maplewood Heights_Park and the May Creek
Parcels shall also contain the following specific covenants pertaining to use,
which covenants shall run with the land for the benefit of the County and the
County land that makes up its public park,recreation and open space system.
The County and the City agree that the County shall have standing to enforce
these covenants,which shall be set forth as follows:
"The City further covenants that it will not limit or restrict access to and use of
the Property by non-city residents in any way that does not also apply to city
residents.The City covenants that if differential fees for non-city residents are
imposed,they will be reasonably related to the cost borne by city taxpayers to
maintain,improve or operate the Property for parks and recreation purposes."
1.3.4 The deeds for Maplewood Park Trail Easement Parcel E and the Cedar to
Sammamish Trail Site shall also contain the following specific covenants
pertaining to use,which covenants shall run with the land for the benefit of the
County and the County land that makes up its public park,recreation and open
space system. The County and the City agree that the County shall have
standing to enforce these covenants,which shall be set forth as follows:
"The City 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 any and all user fees charged for the Property,
including charges imposed by any lessees,concessionaires,service providers,
and/or other assignees shall be at the same rate for non-City residents as for the
residents of the City."
1.3.5 The deeds for the Greenbelt Properties shall contain the restrictions intended to
preserve the use of said properties as greenbelts restricted to use as open space
and passive recreation,as were placed on the properties at the time of their
conveyance to King County,all as more specifically described in said deeds.
The City covenants that it shall place said restrictions in any deed conveying any
or a portion of the Greenbelt Properties.
23
Exhibit C
Form of Parks and Open Space Transfer Agreement
1.3.6 The deeds for the Trail/Walkway Properties shall contain restrictions intended
to preserve or facilitate the use of said properties as public trails and walkways,
as placed on the property interests at the time of conveyance to King County, all
as more specifically described in said deeds. The City covenants that it shall
place said restrictions in any deed conveying any or a portion of the
Trail/Walkway Properties.
1.4 In conveying Maplewood Park by deed,the County shall reserve a trail
easement in substantially the form attached hereto as Exhibit C-1.
1.5 In conveying the Cedar to Sammamish Trail Site,the County shall reserve a
trail easement in substantially the form attached hereto as Exhibit C-2.
2. Existing Restrictions,Agreements,Contracts or Permits
2.1 The City shall abide by and enforce all terms,conditions,reservations,
restrictions and covenants of title at the time of conveyance and/or in the deeds
of conveyance.
2.2 The City and the County acknowledge and agree that the Maplewood Park Parcel
C-3 is currently subject to special use permit number S-70-02 granted to
Geonerco,Inc. for the removal of an existing 12' storm water pipeline and
installation,operation and maintenance of a 24"storm water pipeline. Effective
as of the date the Property is conveyed to the City,the County hereby assigns,
transfers and conveys to the City all of the County's rights,privileges and
obligations in the Permit,and the City hereby accepts and assumes all of the
County's rights,privileges and obligations in the Permit.
2.3 The City and the County acknowledge and agree that the May Creek Park Parcel
that intersects with Aberdeen Avenue NE(if extended)and NE 31'Street is
currently subject to special use permit number S-64-01 granted to CQ
Enterprises,Inc.for the installation,operation and maintenance of a discharge
ditch. Effective as of the date the Property is conveyed to the City,the County
hereby assigns,transfers and conveys to the City all of the County's rights,
privileges and obligations in the Permit,and the City hereby accepts and assumes
all of the County's rights,privileges and obligations in the Permit.
3. Condition of Premises and Responsibility for Operations,Maintenance,Repairs,
Improvements,and Recreation Services
3.1 The City will have the opportunity to inspect the Park Properties before
accepting ownership; however, regardless of such inspection the City has the
duty to accept all facilities and properties as specified in this agreement. The
County will make its records concerning the Park Properties available to the
City, and the County personnel most knowledgeable about the Parks Properties
will be available to jointly inspect the property with the City personnel and to
24
Exhibit C
Form of Parks and Open Space Transfer Agreement
point out known defects or problems with the Park Properties. The City agrees to
accept all said Park Properties in AS IS condition, and to assume full and
complete responsibility for all operations, maintenance, repairs, improvements
of,and provision of recreational services at,the Park Properties.
3.2 King County does not make and specifically disclaims any warranties,express or
implied, including any warranty of merchantability or fitness for a particular
purpose, with respect to the Park Properties, and no official, employee,
representative or agent of King County is authorized otherwise.
3.3 The City acknowledges and agrees that except as indicated in paragraph 4.2, the
County shall have no liability for, and that the City shall release and have no
recourse against the County for, any defect or deficiency of any kind
whatsoever in the Park Properties without regard to whether such defect or
deficiency was known or discoverable by the City or the County.
3.4 In connection with the transfer to the City of Maplewood Heights Park,the City
has reviewed the Project Agreement for Project No. 70-041 between King
County and the Washington State Interagency Committee for Outdoor
Recreation("IAC")for funding for the acquisition or development of the
Property and other properties owned by the County.The City and the County
agree that they will execute an amendment to the Project Agreement that
substitutes the City for the County as the "Contracting Party" as to the Property,
so that the City shall become the"Project Sponsor" in the Project Agreement as
to the Property..The County and the City agree to work expeditiously with IAC
to prepare and execute the amendment and the City agrees to execute the
amendment within fifteen(15)days after the City receives the same for signature
from the IAC.
4. Environmental Liability
4.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or
toxic wastes, materials, or substances as defined in state or federal statutes or
regulations as currently adopted or hereafter amended.
4.2 Nothing in this agreement shall be deemed to waive any statutory claim for
contribution that the City might have against the County under federal or state
environmental statutes that arises from hazardousmaterials deposited or released
on the Park Properties by the County during the County's period of ownership.
The City may not, however, assert such a claim to the extent that the City creates
the need for or exacerbates the cost of remediation upon which a statutory claim
for contribution is based as a result of the City performing construction activities
on the Park Properties, changing the configuration of the Park Properties, or
changing the use of the Park Properties.
25
Exhibit C
Form of Parks and Open Space Transfer Agreement
4.3 If the City discovers the presence of hazardous materials at levels that could give
rise to a statutory claim for contribution against the County it shall immediately
notify the County in writing. Such notice shall in no event be provided more
than 10 days after discovery. The parties shall make their best efforts to reach
agreement as to which party is responsible for remediation under the terms of
this Agreement prior to undertaking any remediation.
4.4 In no event shall the County be responsible for any costs of remediation that
exceed the minimum necessary to satisfy the state or federal agency with
jurisdiction over the remediation.
5. Indemnification and Hold Harmless
5.1 King County shall indemnify and hold harmless the City and its elected officials,
officers,agents or employees,or any of them,from and against any and all
claims,actions,suits,liability,loss,costs,expenses and damages of any nature
whatsoever,(i)which are caused by or result from a negligent action or omission
of King County,its officers,agents and employees in performing its obligations
pursuant to this Agreement,and/or(ii)arising from those occurrences related to
the Park Properties that occurred prior to the effective date of conveyance of the
Park Properties to the City,except to the extent that indemnifying or holding the
City harmless would be limited by Section 4 of this Agreement. In the event that
any suit based upon such a claim,action,loss or damage is brought against the
City or the City and King County,King County shall defend the same at its sole
cost and expense and,if final judgment be rendered against the City and its
elected officials,officers, agents and employees or jointly against the City and
King County and their respective elected officials,officers,agents and
employees,King County shall satisfy the same.
5.2 In executing this Agreement,the County does not assume liability or
responsibility for or in any way release the City from any liability or
responsibility which arises in whole or in part from the existence or effect of City
ordinances,rules or regulations.If any cause,claim,suit,action or administrative
proceeding is commenced in which the enforceability and/or validity of any such
City ordinance,rule or regulation is at issue,the City shall defend the same at its
sole expense and if judgment is entered or damages are awarded against the City,
the County or both,the City shall satisfy the same,including all chargeable costs
and attorney's fees.
5.3 The City shall indemnify and hold harmless King County and its elected
officials,officers,agents and employees, or any of them,from and against any
and all claims,actions,suits,liability,loss,costs, expenses and damages of any
nature whatsoever,(i)which are caused by or result from a negligent act or
omission of the City,its officers,agents and employees in performing
obligations pursuant to this Agreement, and/or(ii)arising from those
occurrences related to the Park Properties that occurred on or after the effective
26
Exhibit C
Form of Parks and Open Space Transfer Agreement
date of conveyance of the Park Properties to the City,except to the extent that
indemnifying or holding the County harmless would be limited by Section 4 of
this Agreement. In the event that any suit based upon such a claim,action,loss
or damage is brought against King County or King County and the City, the City
shall defend the same at its sole cost and expense and, if final judgment be
rendered against King County and its officers,agents and employees or jointly
against King County and the City and their respective officers,agents and
employees,the City shall satisfy the same.
5.4 Each Party to this Agreement shall immediately notify the other of any and all
claims, actions,losses or damages that arise or are brought against that Party
relating to or pertaining to the Park Properties.
5.5 Each party agrees that its obligations under this Section extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees,or
agents.For this purpose,each party,by mutual negotiation,hereby waives,with
respect to the other party only,any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW,
but only to the extent necessary to indemnify the other party.
6. Audits and Inspections
6.1 Until December 31,2013,any of either party's records related to any matters
covered by this Intergovernmental Agreement not otherwise privileged shall be
subject to inspection,review,and/or audit by either party at the requesting party's
sole expense. Such records shall be made available for inspection during regular
business hours within a reasonable time of the request.
7. Waiver and Amendments
7.1 Waiver of any breach of any term or condition of this Agreement shall not be
deemed a waiver of any prior or subsequent breach. No term or condition shall
be waived,modified or deleted except by an instrument,in writing,signed by the
parties hereto.
8. Entire Agreement and Modifications
8.1 The parties to this Intergovernmental Agreement acknowledge that it is a
negotiated agreement and that,together with its Exhibits and that certain
Agreement dated ,2007,between the parties entitled INTERLOCAL
AGREEMENT BETWEEN THE CITY OF RENTON AND KING COUNTY,
RELATING TO THE ANNEXATION OF THE EAST RENTON POTENTIAL
ANNEXATION AREA,("Annexation Agreement")sets forth the entire
agreement between the parties with respect to the subject matter hereof. There are
no understandings or agreements between the parties respecting the subject matter
27
Exhibit C
Form of Parks and Open Space Transfer Agreement
hereof,written or oral,other than as set forth herein and in the Annexation
Agreement. It may be supplemented by addenda or amendments,which have
been agreed upon by both parties in writing. Copies of such addenda and
amendments shall be attached hereto and by this reference made part of this
Agreement as though fully set forth herein.
9. Duration and Authority
9A This Agreement shall be effective upon signature and authorization by both
parties. The terms,covenants,representations and warranties contained herein
shall not merge in the deed of conveyance,but shall survive the conveyance and
shall continue in force unless both parties mutually consent in writing to
termination.
10. Notice
10.1 Any notice provided for herein shall be sent to the respective parties at:
King County: City:
Kevin Brown Terry Higashiyama
Manager,Parks and Recreation Administrator,Community Services
Division,DNRP Department
Rm 700,King Street Center City of Renton
201 S.Jackson Street 1055 South Grady Way
Seattle,WA 98104 Renton,WA 98057
11.Dispute Resolution
11.1 The parties agree to use their best efforts to resolve disputes regarding this
Agreement in an economic and time efficient manner to advance the purposes of
this Agreement. In the event that a dispute arises between the City and the
County,they shall attempt to resolve such dispute as expeditiously as possible and
shall cooperate so that the express purposes of this Agreement are not frustrated,
and so that any design,planning,construction,or use of trails or trail corridors on
(remainder of page left intentionally blank)
28
Exhibit C
Form of Parks and Open Space Transfer Agreement
the subject properties is not delayed or interrupted.Provided,that nothing in this
Agreement shall otherwise limit the parties'legal,equitable,or other rights or
remedies.
IN WITNESS WHEREOF,the parties have executed this Agreement.
King County City of Renton
King County Executive Mayor
Date Date
Approved as to Form: Approved as to Form:
King County City Attorney
Senior Deputy Prosecuting Attorney
Date Date
29
Exhibit C
Form of Parks and Open Space Transfer Agreement
STATE OF WASHINGTON)
)SS
COUNTY OF KING )
On this day of ,2007,before me,the
undersigned,a Notary Public in and for the State of Washington,duly commissioned and
sworn personally appeared,to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that
signed and sealed the said instrument as free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Notary Public in and for the
State of Washington,residing
at
City and State
My appointment expires
STATE OF WASHINGTON)
)SS
COUNTY OF KING )
On this day of ,2007,before me,the
undersigned,a Notary Public in and for the State of Washington,duly commissioned and
sworn personally appeared,to me known to be the individual described in and who
executed the forgoing instrument,and acknowledged to me that
signed and sealed the said instrument as free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Notary Public in and for the
State of Washington,residing
• at
City and State
My appointment expires
• 30
Exhibit C
Form of Parks and Open Space Transfer Agreement
EXHIBIT A
King County Parks,Greenbelts and Trail/Walkway Properties Transferring to the
City of Renton
(collectively referred to as the"Park Properties")
Name of park Amenities/facilities
Maplewood Park 44.6 acre site with open playfield,multi-
purpose court,play equipment,fitness
circuit and picnic area
Sierra Heights Park,including 8.4 acre site with fitness circuit. Main
Honey Dew Park parcel is wooded with linear parcel
providing neighborhood trail to park
Cedar to Sammamish Trail Site Undeveloped site purchased as link in
regional trail system
May Creek Parcels Undeveloped parcels
Maplewood Heights Park 19.16 acre undeveloped site
Greenbelt Properties 4 parcels
Trail/Walkway Properties 2 parcels and I easement
•
31
•
Exhibit C
Form of Parks and Open Space Transfer Agreement
EXHIBIT B
PARK PROPERTIES LEGAL DESCRIPTIONS
Summary:
Park Exhibits and Assessor Parcels included within each Park
Exhibit B-1: Maplewood Park
Parcel Number Source of Funds to Acquire Parcel herein referred to as:
Parcel
#1523059185 Forward Thrust Maplewood Parcel A*
#1523059229 REET(Real Estate Excise Tax) Maplewood Parcel C-1
#1523059055 REET Maplewood Parcel C-2
#1423059007 REET Maplewood Parcel C-3
#5104200670 Dedication/Donation for park and Maplewood Parcel D
recreation purposes
#1523059230 Open Space Bond for regional Maplewood Parcel E(to be/as
trail relocated to Eastern edge of
park)
*There is no "Parcel B."
Exhibit B-2: Sierra Heights Park(including Honey Dew parcels)
Parcel Number Source of Funds to Acquire Parcel herein referred to as:
Parcel
#0423059313 Forward Thrust Sierra Heights Parcel A
#0428000095 Dedication Honey Dew Parcel
#0428000290 Dedication Honey Dew Parcel
Exhibit B-3: Cedar to Sammamish Trail Site
Source of Funds to acquire park: 1989 Open Space Bonds
Exhibit B-4: May Creek Parcels
Source of Funds to acquire park: Forward Thrust
Exhibit B-5: Maplewood Heights Park
General Legal Description:The North half of the Southwest quarter of the
Southwest quarter of Section 13,Township 23 North,Range 5 East,W.M., in
King County,Washington.
Source of Funds to Acquire Park: Forward Thrust, IAC.
Exhibit B-6: Greenbelt Properties
Acquired through various means,dedications.
Exhibit B-7:Trail/Walkway Properties
Acquired through various means,dedications.
32
Exhibit C
Form of Parks and Open Space Transfer Agreement
EXHIBIT B Continued: Individual Park Legal Descriptions
Exhibit B-1
MAPLEWOOD PARK
Parcel Identification Number(PIN)#1523059229—Parcel CI
PIN#1523059055—Parcel C2
PIN#1423059007—Parcel C3
The North 1/2 of the NE 1/4 of the SE 1/4 of Section 15,Township 23 North, Range 5
East, W.M., in King County,Washington; EXCEPT the West 30 feet thereof; AND the
North 1/2 of the NW 1/4 of the SW 1/4 of Section 14,Township 23 North,Range 5 East,
W.M.,in King County,Washington; EXCEPT those portions of said Sections 14 and 15
heretofore conveyed to King County by deed recorded under Recording No.9401060822.
SUBJECT TO:
1) Easement and the terms and conditions referenced therein,including,but not
limited to,the following:
GRANTEE: Washington Natural Gas Company,a Washington
Corporation
PURPOSE: To construct, install, operate, maintain, protect, improve, repair,
replace and abandon in place said gas pipeline or pipelines,
together with the non-exclusive right of access to and from said
property
AREA AFFECTED: Portion of said premises and other property
RECORDED: September 23, 1991
RECORDING NO: 9109230160
2) Right to enter said premises to make repairs and the right to cut brush and trees
which constitute a menace or danger to the electric transmission line located in
the street or road adjoining said premises as granted by instrument recorded
under Recording No.3168309.
AFFECTS: Westerly boundary of said property abutting 144°i
Avenue Southeast(Portion of the NW,NE and SE
of Section 15,Township 23,Range 5 East
3) Easement and the terms and conditions referenced therein,including but not
limited to,the following:
RESERVED BY: The National Bank of Seattle,Commerce of
Seattle,as executor of the estate of D.Dierssen,
deceased
PURPOSE: Roadway
AREA AFFECTED: A portion of said premises within a 30 foot strip of
land
DATED: October 25, 1944
RECORDED: November 27, 1944
RECORDING NO: 3431119
33
Exhibit C
Form of Parks and Open Space Transfer Agreement
4) Easement and the terms and conditions thereof:
RESERVED BY: Seattle-First National Bank,a national banking
association,as Executor of the Estate of Edith A.
Balch,and Fred W.Darnell,Administrator with
Will Annexed of the Estate of Edith A.Balch
PURPOSE: Roadway
AREA AFFECTED: North and West 30 feet of the NE 1/4 of the NE
1/4 of the SE 1/4
RECORDING NO: 4915115
5) Reservations and exceptions contained in deed from Northern Pacific Railroad
Company:Reserving and excepting from said lands so much or such portions thereof as are
or may be mineral lands or contain coal or iron,and also the use and the right and title to the
use of such surface ground as may be necessary for mining operations and the right of access
to such reserved and excepted mineral lands, including lands containing coal or iron,for the
purpose of exploring,developing and working the same.
RECORDING NO: 241250
AFFECTS: Portion of the North 1/2 of the NE 1/4 of the SE
1/4 of Section 15,Township 23 North,Range 5
East
NOTE: No examination has been made to determine the present record owner of the above
minerals,or mineral lands and appurtenant rights thereto,or to determine matters which may
affect the lands or rights so reserved.
6) Right to make necessary slopes for cuts or fills upon property herein described
as granted in deed:
RECORDED: May 31, 1962
RECORDING NO: 5433530
GRANTEE: County of King
AFFECTS: Westerly portion abutting right-of-way 144th
Avenue Southeast(Portion of the NW,NE and SE
of Section 15,Township 23 North,Range 5 East)
7) Easement and the terms and conditions referenced therein,including but not
limited to,the following:
GRANTEE: Pacific Northwest Bell Telephone Company,a
Washington corporation
PURPOSE: Pole line
AREA AFFECTED: The Westerly 10 feet and the Southerly 10 feet
(Portion of the North 1/2 of the NW 1/4 of the SW
1/4 of Section 14,Township 23 North,Range 5
East)
RECORDED: October 5,1979
RECORDING NO.: 7910050605
8) Easement and the terms and conditions referenced therein,including,but not
limited to,the following:
34
Exhibit C
Form of Parks and Open Space Transfer Agreement
GRANTEE: Pacific Northwest Bell Telephone Company
PURPOSE: A pole line,and underground communication lines
AREA AFFECTED: The West 10 feet and the South 10 feet of the
West 240 feet(Portion of the North 1/2 of the NW
1/4 of the SW 1/4 of Section 14,Township 23
.North,Range 5 East)
RECORDED: September 10, 1981
RECORDING NO: 8109100350
9) Exceptions and reservations contained in deed:
FROM: Ellen H.Waters,formerly Ellen Hammer,as her
separate estate
DATED: April 1,1953
RECORDED: January 11,1962
RECORDING NO: 5373681
AS FOLLOWS:Except coal and minerals
AFFECTS: Portion of the North 1/2 of the NW 1/4 of the SW
1/4 of Section 14,Township 23 North,Range 5
East
NOTE: No examination has been made to determine the present record owner of the above
minerals,or mineral lands and appurtenant rights thereto,or to determine matters which may
affect the lands or rights so reserved.
PIN#5104200670—Parcel D
Tract identified as "Park" in Plat of Maple Ridge, as per plat recorded in volume 86 of
Plats,page 85,records of King County,Washington.
PIN#1523059185—Parcel A
The NW 1/4 of the SW 1/4 of the NE 1/4 of the SE 1/4 of Section 15, Township 23
North,Range 5 East, W.M., in King County, Washington;EXCEPT the West 30 feet as
deeded to King County for road under King County Recording No.5433530.
SUBJECT TO: Covenants, conditions and restrictions contained in instrument recorded
under recording No. 241250; Right to enter said premises as per instrument recorded
under Recording No. 3168309;Right to make necessary slopes for cuts or fills upon said
premises.
PIN#1523059185—Parcel A(additional)
The East 1/2 of the SW 1/4 of the NE/14 of the SE 1/4 of Section 15, Township 23
North,Range 5 East,W.M., in King County,Washington; EXCEPT that portion platted
as Maple Ridge, according to plat recorded in Volume 86 of Plats,pages 85 and 86, in
King County,Washington;EXCEPT the East 30 feet thereof.
35
Exhibit C
Form of Parks and Open Space Transfer Agreement
SUBJECT TO:Right of the public to make necessary slopes for cuts or fills. Exceptions
and Reservations as contained in Deed recorded under Recording No.241250.
PIN # 1523059230 — Parcel E (POR. OF CEDAR RIVER TO LAKE
SAMMAMISH TRAIL WITHIN MAPLEWOOD PARK)
That portion of the North 1/2 of the NE 1/4 of the SE 1/4 of Section 15, Township 23
North, Range 5 East, W.M., in King County, Washington, and of the North 1/2 of the
NW 1/4 of the SW 1/4 of Section 14,Township 23 North,Range 5 East,W.M., in King
County,Washington,described as follows:
Beginning at the Southwest corner of the North 1/2 of the NE 1/4 of the SE 1/4 of said
Section 15; thence South 88-21-32 East along the South line of said subdivision 530 feet
to the TRUE POINT OF BEGINNING; thence Northeasterly to the intersection of the
North line of the South 30 feet of said subdivision with the Northerly projection of the
West line of Briarwood Lane, according to the plat thereof recorded in Volume 104 of
Plats,pages 30 and 31,in King County,Washington;thence South 88-21-32 East parallel
with the South line of said subdivision to the East line thereof; thence South 88-08-40
East parallel with the South line of the North 1/2 of the NW 1/4 of the SW 1/4 of said
Section 14 to an intersection with the Northerly projection of the East line of 148`t'Place
Southeast;thence North 01-51-20 East along said projected line 35 feet;thence along the
arc of a curve to the left having a radius of 275 feet through a central angle of 55-16-24
265.29 feet to a point of reverse curve; thence along the arc of said curve to the right
having a radius of 225 feet through a central angle of 54-03-17 212.27 feet to a point of
tangency,which point is referred to hereinafter as Point"A";thence North 00-38-13 East
along a line 25 feet East of and parallel with the West line of said Section 14 to the North
line of the SW 1/4 thereof; thence South 87-58-50 East along said North line 30 feet;
thence South 00-38-13 West parallel with the West line of said section to a point 30 feet
South 87-58-50 East of Point "A"; thence along the arc of a tangent curve to the left
having a radius of 195 feet through a central angle of 54-03-17 183.97 feet to a point of
reverse curve; thence along the arc of said curve to the right having a radius of 305feet
through a central angle of 55-16-24 294.23 feet to a point of tangency;thence Sough 01-
51-20 West 65 feet,more or less;to the South line of the North 1/2 of the NW 1/4 of the
SW 1/4 of said Section 14;thence North 88-08-40 West along said South line to the SW
corner of said subdivision;thence North 88-21-32 West along the South line of the North
1/2 of the NE 1/4 of the SE 1/4 of said Section 15 to the TRUE POINT OF
BEGINNING.
SUBJECT TO:
1) Easement and the terms and conditions thereof:
GRANTEE: Washington Natural Gas Company,a Washington
Corporation
PURPOSE: To construct,install,operate,maintain,protect,
improve,repair,replace and abandon in place
said gas pipeline or pipelines,together with the
non-exclusive right of access to and from said
property
AREA AFFECTED: Portion of said premises and other property
RECORDED: September 23, 1991
36
Exhibit C
Form of Parks and Open Space Transfer Agreement
RECORDING NO: 9109230160
2) Easement and the terms and conditions referenced therein,including but not
limited to,the following:
RESERVED BY: The National Bank of Seattle,Commerce of
Seattle,as executor of the estate of D.Dierssen,
deceased
PURPOSE: Roadway
AREA AFFECTED: The North 30 feet and the East 30 feet(Portion of
NW,NE,and SW of Section 15,Township 23,
Range 5 East)
DATED: . October 25,1944
RECORDED: November 27,1944
RECORDING NO: 3431119
3) Easement and the terms and conditions thereof:
RESERVED BY: Seattle-First National Bank,a national banking
association,as Executor of the Estate of Edith A.
Balch,and Fred W.Darnell,Administrator with
Will Annexed of the Estate of Edith A.Balch
PURPOSE: Roadway
AREA AFFECTED: North and West 30 feet of the NE 1/4 of the NE
1/4 of the SE 1/4
RECORDING NO: 4915115
4) Reservations and exceptions contained in deed from Northern Pacific Railroad Company:
Reserving and excepting from said lands so much or such portions thereof as are or may be
mineral lands or contain coal or iron, and also the use and the right and title to the use of
such surface ground as may be necessary for mining operations and the right of access to
such reserved and excepted mineral lands, including lands containing coal or iron, for the
purpose of exploring,developing and working the same.
RECORDING NO: 241250
AFFECTS: Portion of the North 1/2 of the NE 1/4 of the SE
1/4 of Section 15,Township 23 North,Range 5
East
NOTE: No examination has been made to determine the present record owner of the above
minerals,or mineral lands and appurtenant rights thereto,or to determine matters which may
affect the lands or rights so reserved.
5) Right to make necessary slopes for cuts or fills upon property herein described
as granted in deed:
RECORDED: May 31, 1962
RECORDING NO: 5433530
RANTEE: County of King
AFFECTS: Westerly portion abutting right-of-way 144th
Avenue Southeast(Portion of the NW,NE and SE
of Section 15,Township 23 North,Range 5 East)
6) Easement and the terms and conditions thereof:
37
Exhibit C
Form of Parks and Open Space Transfer Agreement
GRANTEE: Pacific Northwest Bell Telephone Company,a
Washington corporation
PURPOSE: Pole line
AREA AFFECTED: The Westerly 10 feet and the Southerly 10 feet
(Portion of the North 1/2 of the NW 1/4 of the SW
1/4 of Section 14,Township 23 North,Range 5
East)
RECORDED: October 5, 1979
ECORDING NO.: 7910050605
7) Easement and the terms and conditions thereof:
GRANTEE: Pacific Northwest Bell Telephone Company
PURPOSE: A pole line,and underground communication lines
AREA AFFECTED: The West 10 feet and the South 10 feet of the
West 240 feet(Portion of the North 1/2 of the NW
1/4 of the SW 1/4 of Section 14,Township 23
North,Range 5 East)
RECORDED: September 10,1981
RECORDING NO: 8109100350
8) Exceptions and reservations contained in deed:
FROM: EIlen H.Waters,formerly Ellen Hammer,as her
separate estate`
DATED: April 1,1953
RECORDED: January 11, 1962
RECORDING NO: 5373681
AS FOLLOWS:Except coal and minerals
AFFECTS: Portion of the North 1/2 of the NW 1/4 of the SW
1/4 of Section 14,Township 23 North,Range 5
East
NOTE: No examination has been made to determine the present record owner of the above
minerals,or mineral lands and appurtenant rights thereto,or to determine matters which may
affect the lands or rights so reserved.
38
Exhibit C
Form of Parks and Open Space Transfer Agreement
Exhibit B-2
SIERRA HEIGHTS PARK(including Honey Dew Parcels)
PIN#0423059313—Sierra Heights Parcel A
That portion of Government Lot 2, Section 4,Township 23 North,Range 5 East,W.M.,
in King County,Washington,described as follows: Beginning at the Southeast corner of
said Government Lot 2;thence North 1-36-00 East along the East line thereof 333.76 feet
to the intersection with the centerline of the Puget Sound Power and Light Company's,
Transmission Line right of way and the true point of beginning of this description;thence
North 1-36-00 East 216.24 feet;thence North 88-19-05 West parallel with the South line
of said Government Lot 2 to the Easterly line of the plat of Western Hills, according to
plat recorded in Volume 81 of Plats,Pages 4 and 5, in King County,Washington;thence
South 09-44-45 East along said Easterly line to the North line of the South 30 feet of said
Government Lot 2;thence South 88-19-05 East along said South line to the center line of
said Puget Sound Power and Light Company Transmission Line right of way; thence
North 36-26-43 East along said center line to the true point of beginning. TOGETHER
WITH an easement for ingress and egress and the maintenance thereof 30 feet in width
extending from the Northwesterly corner of the above described property over the
Westerly 30 feet of the Southwesterly portion of Government Lot 2 lying immediately
North of the above described property and immediately adjacent to, and Easterly of, the
plat of Western Hills, to a line running from the Easterly extension of the Northerly
boundary of S.E.98th Street.
SUBJECT TO: Easement for electric transmission line granted by instrument recorded
March 10, 1947,under Auditor's File No.3664560;and by instrument recorded February
14, 1975, under Auditor's File No. 7502140608; Easement for pipeline and
appurtenances thereto, recorded May 5, 1964 under Auditor's File No. 5731987;
Easement for electric transmission line, recorded February 7, 1929 under Auditor's File
No.2516604.
Honey Dew Park Parcels:
PIN#0428000290 and part of PIN#0428000095
Those portions of Albert Balch's Sierra Heights No. 4, according to the plat
recorded in volume 61 of Plats,page 18, in King County,Washington,and shown
thereon as Puget Sound Power & Light Company Transmission Line R/W and
Bonneville Transmission Line Easement, described as follows: Beginning at the
most Westerly corner of Lot 1,Block 5,of said plat;thence North 09-47-00 West to
the most Southerly corner of Lot 6 in Block 4 of said plat;thence North 36-26-43
East to the most Easterly corner of Lot 3 in Block 3 of said plat;thence North 09-
47-00 West to the Northeast corner of said Block 3; thence South 88-19-05 East
along the South line of S.E. 100th Street as shown on said plat to the Northwest
corner of Lot 2 in Block 1 thereof; thence South 36-26-43 West to the most
Westerly corner of Lot 5 in said Block 1; thence South 9-47-00 East to the
Southwest corner of said Block 1;thence Westerly along the Northerly line of S.E.
104th Street, as shown on said plat to the most Easterly corner of Block 2 thereof;
39
Exhibit C
• Form of Parks and Open Space Transfer Agreement
thence North 09-47-00 West to the most Northerly corner of Lot 1 in said Block 2;
thence South 36-26-43 West to the point of beginning.
SUBJECT TO: Easement for pipeline right of way granted to Olympic Pipeline
Company by instrument recorded May 27,1974,under Recording No.7405270448
An additional portion of PIN#0428000095 Honey Dew Parcel:
Lot 19,Block 1,Albert Balch's Sierra Heights No.4,according to the plat thereof
recorded in volume 61 of Plats, page 19, records of King County, Washington,
LESS the North 80 feet thereof.
40
Exhibit C
Form of Parks and Open Space Transfer Agreement
Exhibit B-3
CEDAR TO SAMMAMISH TRAIL SITE
PARCEL A-TAX PARCEL NO.142305-9063
The East 518.01 feet of the North half of the Northeast quarter of Section 14,Township 23 North,
Range 5 East,W.M.,in King County,Washington: EXCEPT the South 150 feet of the East
420.01 feet;AND EXCEPT the North 250 feet of the West 165 feet;AND EXCEPT the East
30.01 feet for 156th Avenue S.E.;AND EXCEPT the North 42 feet for S.E. 128`h Street;AND
EXCEPT that portion conveyed to King County by Deeds recorded under Recording Numbers
8707280811,8707280812,8707280813,8707280814,and 8707280815.
SUBJECT TO: The right to make necessary slopes for cuts or fills upon property herein
described as granted in deed to King County,which deed was recorded on July 8, 1964,under
King County Recording No.5758686;and The right to make necessary slopes for cuts or fills
upon property herein described as granted in deed to King County,which deed was recorded on
July 28, 1987,under King County Recording No.8707280811. (Said document was also
recorded under King County Recording Nos. 8707280813,8707280814,and 8707280815.
PARCEL B—TAX PARCEL NOS.142305-9071&142305-9072
The North half of that portion of the South half of the Northeast quarter of the Northwest quarter
of Section 14,Township 23 North,Range 5 East,W.M.,in King County,Washington,lying
North of the South 30 feet of said subdivision;EXCEPT the East 30.01 feet thereof for 156th
Avenue SE;
TOGETHER WITH an easement for ingress and egress over the South 30 feet of the Northeast
quarter of the Northwest quarter of said Section;EXCEPT the East 30 feet thereof;
TOGETHER WITH an easement for ingress,egress and utilities over,across and upon the West
30 feet of the Northeast quarter of the Northwest quarter of said Section;EXCEPT the North 30
feet;AND EXCEPT the South 30 feet.
SUBJECT TO: Easement for road and utilities,and conditions contained therein,affecting the
Westerly 30 feet of said premises,as disclosed by instrument recorded on April 27, 1969,under
King County Recording No.5872161;and Easement for installation and maintenance of the
drainfield portion of an on-site sewage disposal system,and conditions contained therein,as
disclosed by instrument recorded on October 6, 1983,under King County Recording No.
8310060867.
41
Exhibit C
Form of Parks and Open Space Transfer Agreement
Exhibit B-4
MAY CREEK PARCELS
Parcel A (Por.of TA#042305-9304)
Beginning at the Northwest corner of Section 4, Township 23 North, Range 5 East,
W.M.,and proceeding thence South 88°15'36"East 772.69 feet along the Northerly line
of said Section 4 to the True Point of Beginning;thence continuing South 88°15'36"East
369.97 feet along said Northerly line of Section 4; thence South 0°53'31" West 547.77
feet to the Northerly right of way line of Southeast 97th Street (Northeast 27th Street);
thence along said right of way line the following five courses and distances:
Thence North 50°57'18" West 61.18 feet; thence North 52°16'15" West 132.41 feet;
thence North 45°28'12" West 108.50 feet; thence North 81°48'09" West 119.78 feet;
thence South 66°17'54"West 20.37 feet;thence on a line parallel to the East line of the
Northwest 'A of the Northwest 1/4 of said Section 4, North 0°53'31" East 354.44 feet to
the True Point of Beginning and lying within the Northwest '' of the Northwest % of
Section 4, Township 23 North, Range 5 East, W.M.; Situate in the City of Renton,
County of King,State of Washington.
SUBJECT TO:
Easement recorded under Auditor's File No.6237287.
Parcel B (Por,of TA#042305-9304)
Beginning at the Northwest corner of Section 4, Township 23 North, Range 5 East,
W.M., to the True Point of Beginning and proceeding thence South 88°15'36" East
772.69 feet along the North line of said Section 4; thence South 0°53'31" West 354.44
feet to the North right of way line of Northeast 27`h Street; thence Westerly along said
North right of way line the following five courses and distances: South 66°17'54"West
88.51 feet; thence North 89°09'02" West 183.72 feet; thence North 60°28'29" West
144.56 feet; thence South 89°40"4" West 297.35 feet; thence North 82°45'16" West
41.31 feet to a point 41.00 feet East of the West line of said Section 4; thence North
0°31'03" East 41.28 feet; thence North 82°45'16"West 41.28 feet to the West line of
said Section 4; thence North 0°31'03" East 289.51 feet along the West line of said
Section 4 to the True Point of Beginning;containing 273,528 square feet of land,more or
less, and lying within the Northwest ''A of the Northwest ' of Section 4, Township 23
North,Range 5 East,W.M.; Situate in the County of King,State of Washington.
SUBJECT TO:
Easement disclosed by instrument recorded under Auditor's File No.5158227;
Easement to the City of Seattle recorded under Auditor's File No.2490115.
42
Exhibit C
Form of Parks and Open Space Transfer Agreement
Parcel C (Por.of TA#042305-9304)
That portion of the Northwest%of the Northwest'/of Section 4,Township 23 North,
Range 5 East,W.M.,King County,Washington,lying Northerly of Southeast 97`h Street
(Northeast 27`h Street),described as follows:
Beginning on the Northerly line of said Southeast 97th Street at its intersection with the
West line of said Section;thence North,along the West line of said Section,41 feet;
thence East 1 foot;thence South 40 feet;thence East 40 feet;thence South 1 foot;thence
West 41 feet to the Point of Beginning. Contains an area of 82 square feet,or 0.002
acres,more or less.
Parcel D (Por.of TA#042305-9304)
That portion of Section 4,Township 23 North,Range S East,W.M.;
Beginning 1 foot North of now existing County Road and 1 foot East of West line of
Section;thence North 40 feet;thence East 40 feet;thence South 40 feet; thence West 40
feet to the beginning.
Parcel E (TA#042305-9315)
That portion of the East 1,111.28 feet of the Northeast'/of the Northwest '/a of Section 4,
Township 23 North, Range 5 East, W.M., lying Westerly of 120`h Place Southeast and
Northerly of Southeast 97`h Street,King County.
Situate in the City of Renton,County of King,State of Washington.
Parcel F (Por.of TA#322405-9052)
The South% of—All that portion of the Pacific Coast R.R.Co.'s Newcastle Branch line
right of way,being a strip of land 100 feet in width 50 feet of such width lying on either
side of the right of way center line as the same is located over and across the Southwest
1/4 of the Southeast '/ of Section 32,Township 24 North, Range 5 East, W.M., in King
County, Washington, and having for its Easterly and Westerly termini the extensions
Northerly in straight lines of the East and West lines of Tract 52, C. D. Hillman's Lake
Washington Garden of Eden, Division No. 1; situate in the County of King, State of
Washington.
Parcel G (Por.of TA#322405-9052)
Beginning at the South quarter corner of Section 32, Township 24 North,Range 5 East,
W.M.,and proceeding thence North 57°56'03"East 643.40 feet to the intersection of the
Southerly right of way line of the C &P SRR(abandoned)with the Northwest corner of
Lot 52 of Lake Washington Garden of Eden Division No. 1, as per plat recorded in
Volume 11 of Plats,page 63;thence North 2°05'47"East 641.47 feet along the Westerly
side of Lot 55 to the Southwesterly right of way line of Jones Avenue Northeast;thence
along the Southwesterly right of way line the following two courses and distances: North
73°24'52" West 117.10 feet, thence along a curve to the right whose long chord bears
43
Exhibit C
Form of Parks and Open Space Transfer Agreement
North 71°32'56"West,having a radius of 507.68 feet through a central angle of 3°43'53"
a distance of 33.06 feet to the True Point of Beginning; thence along the same curve to
the right whose long chord bears North 65°07'48"West having a radius of 507.68 feet
through a central angle of 9°07'27"a distance of 80.69 feet;thence South 2°12'22"East
33.19 feet along the Easterly right of way of Gensing Avenue to the intersection with the
center line of vacated Eighth Avenue; thence South 89°25'06"East 71.86 feet along the
said center line of vacated Eighth Avenue to the True Point of Beginning and lying
within the Southwest % of the Southeast 1/4 of Section 32, Township 24 North, Range 5
East,W.M.; Situate in the City of Renton,County of King,State of Washington.
Parcel H (Por.of TA#334210-3380)
The East 165 feet of Tract 371 of C. D. Hillman's Lake Washington Garden of Eden
Addition, Division No. 6, to the City of Seattle, as per plat recorded in Volume 11 of
Plats,on page 84,records of King County;EXCEPT therefrom that portion for Southeast
91'Street; EXCEPT therefrom May Valley Logging Co.right of way; EXCEPT all coal
and minerals and the right to explore for and mine the same. TOGETHER WITH an
easement for ingress and egress as provided in Agreement recorded under Auditor's File
No.7503210045.
SUBJECT TO: Easements and the terms and conditions thereof as disclosed under
Recording Nos. 4332559 and 6233066; Covenant to bear equal share in the cost of
construction or repair of road,easement for which was granted over adjacent property by
instrument recorded under Recording No.7503210045;Underground Utility Easement as
disclosed under Recording No.7712190875.
Parcel I (Por.of TA#334210-3380)
That portion of the South'A of the Southeast'A of Section 32,Township 24 North,Range
5 East,W.M.,in King County,Washington,described as follows:
Commencing at the Southeast corner of said Section 32, and proceeding thence North
78°37'15"West 1,343.26 feet to the Northeast corner of Lot 53 of C.D.Hillman's Lake
Washington Garden of Eden Addition to Seattle, Division No. 1, according to the plat
recorded in Volume 11 of Plats,page 63, in King County,Washington; thence along the
Northerly line of said Lot 53, along a curve to the left having a radius of 640.67 feet
through a central angle of 19°53'40" a distance of 222.68 feet; thence North 71°13'36"
West 177.38 feet to the Northwest corner of said Lot 53; thence North 1°51'03" East
104.38 feet to the Southwest corner of Lot 54 of said C.D.Hillman's Lake Washington
Garden of Eden Addition to Seattle, Division No. 1; thence along the Southerly line of
said Lot 54 along a curve to the right having a radius of 1,109.34 feet through a central
angle of 0°56'54" a distance of 18.36 feet; thence South 71°13'36" East 189.40 feet;
thence along a curve to the left having a radius of 540.67 feet through a central angle of
20°21'53"a distance of 192.42 feet to the Southeast corner of said Lot 54: thence South
1°25'08"West 100.12 feet to the True Point of Beginning.
SUBJECT TO:
Reservations contained in deed recorded February 18, 1943, under Auditor's No.
3292553,excepting therefrom all mineral rights.
44
Exhibit C
Form of Parks and Open Space Transfer Agreement
An Easement affecting a portion of said premises for electric transmission line recorded
October 27, 1939,under Auditor's No.3070389.
Parcel J (TA#334210-3515)
That portion of Tract 67 of Hillman's Lake Washington Garden of Eden Addition,to the
City of Seattle No. 1,as per plat,recorded in Volume 11 of Plats,on page 63,records of
King County, lying Easterly of Section State Highway #2-A, as conveyed to State of
Washington by deed recorded under Auditor's File No. 4678770 and Westerly of 108th
Avenue Southeast as conveyed to King County by deed recorded under Auditor's File
No.4148580;
TOGETHER WITH that portion of Tracts 68 and 69, of Hillmans Lake Washington
Garden of Eden Addition to the City of Seattle No. 1,as per plat,recorded in Volume 11
of Plats, on page 63, in King County, Washington, lying East of State Highway right of
way; EXCEPT portion of Tracts 68 and 69, conveyed to King County for road under
Deed recorded under Auditor's File No.4102308; EXCEPT the Southerly 85 feet of the
Westerly 437.84 feet of said Tract 68; AND EXCEPT that portion of Tract 68 lying
Easterly of 108`h Avenue Southeast,also known as Jones Avenue;
Situate in the County of King,State of Washington.
SUBJECT TO:
Easement recorded under Auditor's File No.4601481.
Relinquishment of right of access to State Highway and of light, view and air, under
terms of deed to the State of Washington recorded April 3, 1956, under Auditor's File
No.4678770.
Relinquishment of right of access to highway and of light, view and air, under terms of
deed to the State of Washington, recorded May 24, 1956, under Auditor's File No.
4695952.
Right to make necessary slopes for cuts or fills upon property herein described as granted
by deed recorded under Auditor's File Nos.4148580 and 4102308.
Parcel K (Por.of TA#334270-0557)
That portion of Lots 111 and 112 in Hillman's Lake Washington Garden of Eden
Addition to Seattle No. 2,a per plat recorded in Volume 11 of Plats,page 64,records of
King County,Washington,lying Easterly of Interstate Highway No.405,lying within the
following described tract:
Beginning at the South quarter corner of Section 32, Township 24 North,Range 5 East,
W.M.; thence North 1°02'55" East 2,655.19 feet to the Southeast corner of Lot 119 in
said plat; thence North 1°41'46"East along the East line of said plat 659.56 feet to the
Southeast corner of the vacated North '/2 of Southeast 86th Street (Griffith Avenue) and
the True Point of Beginning;thence North 1°41"46"East along the East line of said plat
346.01 feet to the Northeast corner of Lot 111; thence North 89°43'19"West along the
North line of said Lot 111 a distance of 214.63 feet to the Easterly right of way line of
Interstate Highway No.405;thence South 4°35'54"West along said Easterly line 320.84
feet; thence South 89°26'39"East 49.66 feet;thence South 4°36'30"West 25.07 feet to
the South line of vacated North Y2 of Southeast 86th Street; thence South 89°26'39"East
45
Exhibit C
Form of Parks and Open Space Transfer Agreement
along the South line of said vacated North 1/2 of Southeast 86th Street a distance of 182.47
feet to the True Point of Beginning;
TOGETHER WITH that portion of Lots 114 and 115 of Hillman's Lake Washington
Garden of Eden Addition to Seattle No. 2, as per plat recorded in Volume 11 of Plats,
page 64, records of King County,Washington,lying Easterly of Interstate Highway No.
405, as condemned in King County Superior Court Cause No. 493757, described as
follows:
Beginning at the South quarter corner of Section 32,Township 24 North, Range 5 East,
W.M.; thence North 1°02'55" East 2,655.19 feet to the Southeast corner of Lot 119 in
said plat; thence North 1°41'46"East along the East line of said plat 420.56 feet to the
Southeast corner of said Lot 115 and the True Point of Beginning;thence North 1°41'46"
East 214.00 feet to the Southerly line of Southeast 86"' Street (Griffith Avenue); thence
North 89°26'39"West along the Southerly line of said Southeast 86th Street 183.75 feet
to the Easterly right of way line of Interstate Highway No. 405; thence South 4°36'30"
West along said Easterly line of said Highway 213.97 feet;thence South 89°15'32"East
194.61 feet to the True Point of Beginning;
EXCEPT the North 25 feet of said Lot 114 conveyed to the City of Renton by Deed
recorded March 8, 1962,under Auditor's File No.5396346;
Situate in the County of King,State of Washington.
SUBJECT TO:
Permit dated September 17, 1957, for ingress and egress,by instrument recorded under
Auditor's file No.4837878.
Relinquishment of right of access to State Highway and of Iight, view, and air, under
terms of deed to the State of Washington recorded under Auditor's File No.4673373.
Parcel L (Por.of TA#334270-0557)
That portion of Lot 113 of Hillman's Lake Washington Garden of Eden Addition to
Seattle No.2,as per plat recorded in Volume 11 of Plats,on page 64,records of King
County,lying Easterly of State Highway No.2-A;
TOGETHER WITH that portion of vacated North 'A of Southeast 86"' Street (Griffith
Avenue)adjoining,which upon vacation,attached to said property by operation of law;
Situate in the City of Renton,County of King,State of Washington
SUBJECT TO:
Permit for ingress and egress recorded under Auditor's File No.4837878;
Relinquishment of right of access to State Highway recorded under Auditor's File No.
4673373.
46
Exhibit C
Form of Parks and Open Space Transfer Agreement
Exhibit B-5
MAPLEWOOD HEIGHTS PARK
The North half of the Southwest quarter of the Southeast quarter of Section 13,Township23
North,Range 5 East,W.M.,in King County,Washington.
TITLE EXCEPTIONS:
1. Easement for sewer trunk line in favor of King County Water District No.90,Recording
Number 7606240571
2. Terms and conditions of King County Council Motion No 2113,authorizing the King
County Executive to enter into an easement for sewer trunk line with King County Water
District No.90,Recording Number 7609030617.
3. Easement for sewer and water mains in favor of King County Water District No.90,
Recording Number 7611220588.
MATTERS TO BE RESERVED:
1. Agreement pertaining to a waiver of damages for surface drainage in favor of King
County,Recording Number 4815287.
2. Project agreement with the State of Washington pertaining to a grant for funding
assistance for the acquisition of the subject property,Recording Number 6671652.
3. Deed of right to use land for public recreation purposes with the State of Washington,
Recording Number 7201110493.
4. Restrictive easement in favor of the United States of America,Recording Number
7301050336.
•
47
Exhibit C
Form of Parks and Open Space Transfer Agreement
Exhibit B-6
GREENBELT PROPERTIES
i. Tract A,BRIAR HILLS, as recorded in Volume 100 of Plats,page 058,records of
King County,Washington SUBJECT TO: conditions of deed as conveyed to King
County by deed recorded under Auditor's File No. 7705060672(Tax Account No.
107200-0450)
ii. Tract A, BRIARWOOD WEST, as recorded in Volume 93 of Plats,pages 91
through 92,records of King County,Washington SUBJECT TO: conditions of
deed as conveyed to King County by deed recorded under Auditor's File No.
7205120476
(Tax Account No. 108180-0510)
iii. Tract B,BRIAR RIDGE,as recorded in Volume 113 of Plats,pages 60 through
61,records of King County,Washington SUBJECT TO: conditions of plat as
dedicated to King County by plat recorded under Auditor's File No. 7912180575
(Tax Account No. 107945-0470)
iv. Tract A,BRIARWOOD SOUTH NO. 6,as recorded in Volume 097 of Plats,
pages 68 through 69,records of King County,Washington SUBJECT TO:
conditions of deed as conveyed to King County by deed recorded under Auditor's
File No. 7504150425 (Tax Account No. 108133-0420)
48
Exhibit C
Form of Parks and Open Space Transfer Agreement
Exhibit B-7
Trail/Walkway Properties
Tract B,CAROLWOOD,as recorded in Volume 111 of Plats,pages 099 through
100,records of King County SUBJECT TO: conditions of plat as dedicated to
King County by plat recorded under Auditor's File No. 7908280585 (Tax
Account No. 139750-unassigned)
Tract B, SERENA PARK,as recorded in Volume 124 of Plats,pages 072 through
073,records of King County,Washington SUBJECT TO:conditions of plat as
dedicated to King County by plat recorded under Auditor's File No. 8308090502
(Tax Account No.769550-5555)
An easement for public trail or walkway purposes dedicated as set forth in
CEDAR RIVER BLUFF,as recorded in Volume 172 of Plats,pages 053 through
056,records of King County,Washington.
49
Exhibit C
Form of Parks and Open Space Transfer Agreement
EXHIBIT C-1
Maplewood Heights Trail Easement
A. King County reserves to itself,its successors and assigns,a permanent perpetual
nonexclusive easement("Easement")for a public,multi-purpose hard and/or soft-surface
regional trail("Trail") for public pedestrian,bicycle and other non-motorized uses,over,
through,along,and across certain parcels of land situated in Maplewood Park. The
Easement shall ultimately be a strip of land generally 30 feet in width,centered on an
alignment to be determined by the parties pursuant to the terms of this Easement. The
area subject to the Easement shall be referred to herein as the"Trail Corridor."
B. The Trail Corridor shall enter Maplewood Park(hereinafter the"Property")on the
northern boundary of the Property and shall exit the Property at the Southern boundary of
• the Property, all within an area 300 feet to the west of the eastern boundary of the
Property. Aside from these entry and exit points,the County and Grantee shall consult
with one another in good faith to reach agreement on the precise location of the Trail
Corridor within the Property. The County and Grantee will seek to agree to the precise
location for the Trail Corridor that best serves the public interest in an integrated
recreational facility that combines a regional trail and the City's park and recreation
improvements on the site,including active recreation facilities and passive recreation.
C. The Trail Corridor shall allow for vehicular crossing(s),if needed,in order to
accommodate the City's park development plans, so long as safety issues relating to the
crossing(s)are adequately addressed. Should City proceed to construction of a vehicle
access prior to the County or the City constructing the Trail,City shall coordinate with
the County to ensure that the design and construction of the access is compatible with the
Trail and Trail crossing.
D. Selection of the location of the Trail Corridor shall occur as follows:
1. To avoid prematurely eliminating from consideration any area that is
suitable for the Trail Corridor,the County and City shall reach agreement on the precise
location of the Trail Corridor before making any permanent improvements to the
Property unless the County and City agree in writing to the installation of such
improvements. Such improvements will be appropriate if the improvements are to be
located outside the Trail Corridor. If either Party commences its planning process for its
respective facilities in the Property,including construction of the Trail by either party,the
other Party will participate in good faith to attempt to avoid delaying that planning
process.
2. If the parties agree to the location of the Trail Corridor at a general
planning level of detail or at any other stage of planning prior to preparation of plans at a
schematic design level of detail,the Trail Corridor will initially be 100 feet in width,and
shall remain 100 feet in width until construction of the Trail is completed. The 100 foot
width will allow the County(or City,in event City is constructing the Trail)to prepare
50
Exhibit C
Form of Parks and Open Space Transfer
P PAgreement
schematic designs that account for the specific physical characteristics of the land within
the Trail Corridor,and to construct the trail. After construction is completed,the Trail
Corridor will be generally 30 feet in width,but shall be wider in areas where additional
width is needed to accommodate trail amenities and all necessary slopes for cuts and fills
for the trail,or to install drainage or detention facilities or other facilities required by a
permitting agency that support or provide mitigation for the trail that cannot reasonably
be located within the 30 foot width.
3. If the parties agree to the location of the Trail Corridor at a schematic
design level of detail for the Trail,the Trail Corridor will be generally 30 feet in width,
but shall be wider in areas where additional width is needed to accommodate trail
amenities,make all necessary slopes for cuts and fills for the Trail,or to install drainage
or detention facilities or other facilities required by the permitting agency that support or
provide mitigation for the regional trail that cannot reasonably be located within the 30
foot width.
4. When the parties reach agreement on the location of the Trail Corridor,
this Easement shall be amended to add a legal description defining the location of the
Trail Corridor. Such amendment may occur more than once if the parties agree to an
initial 100 foot wide Trail Corridor that is subsequently narrowed to a generally 30 foot
wide Trail Corridor.
E. The County and City shall consult with one another during the design of any
drainage or detention facilities for each entity's respective improvements in the Property,
to explore whether such facilities could be shared.
F. This Easement includes the right of access for ingress and egress across the
Property to the Trail Corridor,the right to make all uses of the Trail Corridor for
improvement, construction,alteration,repair,maintenance,trail-related utilities and
operation of a public Trail,the right to make all necessary slopes for cuts and fills for a
Trail,and the right to use motorized vehicles for the improvement,construction,
alteration,repair,maintenance and operation of a Trail and for emergency or(until such
time as the Trail is within the corporate limits of the City)law enforcement purposes.
Nothing in this Easement shall be limited in any way if the City,consistent with the terms
herein,chooses to construct and/or maintain the Trail within the Property.
G. This Easement shall further include the temporary right during construction to
stage construction activities on the Property in and around the Trail Corridor as necessary
to construct the Trail. Such use shall not commence until the party undertaking the
construction has prepared a restoration plan for the affected land,the surface of which
shall be restored as nearly as possible to the condition in which it existed prior to
construction.
H. If the County undertakes construction of the Trail,the County shall be responsible
for the cost of all Trail and related facilities design,construction,repair and replacement.
If the City wishes to undertake construction of the Trail on the Property,it shall first
notify the County in writing not less than 12 months prior to initiation of construction,
which notice shall also set forth a proposed construction schedule. The County may
51
Exhibit C
Form of Parks and Open Space Transfer Agreement
reject the City's construction request if the County has planned to complete the
construction of the Trail on the Property prior to the City's proposed construction
completion date or if the County otherwise determines that the City's actions would
negatively impact the County's construction of trail segments connecting to the Trail on
the Property. If the County does not reject the City's request,the City shall be solely
responsible for the cost of all Trail and related facilities design and construction on the
Property. The Trail shall be constructed in a manner that meets or exceeds County
regional trail standards for the regional trail of which this is a portion,and to ensure its
integration into the larger County Trail system which connects to the Trail Corridor at the
entry and exit points noted on Exhibit D;and shall be undertaken in a manner consistent
with the terms of this Easement. Notwithstanding paragraph I below,the City shall also
in such event be responsible for maintenance and operation of the Trail consistent with
County standards,policies and practices for improved regional trails for until at least such
time as the County has completed construction of the adjacent trail segments connecting
to the Trail.
I. The County shall operate and maintain any constructed trail within the Trail
Corridor consistent with County standards,policies and practices for improved regional
trails and consistent with adopted budget appropriations. However,at its option,the City
may instead operate and maintain the constructed trail,consistent with County standards,
policies and practices for improved regional trails and if it so chooses,shall notify the
County in writing at least 6 months in advance of such action,indicating the period for
which the City intends to be responsible for such maintenance and in such event the City
shall be solely responsible for any and all costs and liability associated with the
maintenance and operation of the Trail for the period so indicated. In any event the Trail
shall be operated and maintained in a manner to ensure its integration into the larger
County Trail system.
J. City and other non-County improvements in and around the Trail Corridor shall
be permitted as follows:
1. The construction,installation or maintenance of structures or improvements,
whether temporary or permanent,shall be absolutely prohibited within the 30 foot Trail
Corridor and shall be deemed an interference with the County's reserved easement rights
unless specifically approved in writing by the County,which approval shall not be
unreasonably withheld. Considerations governing approval shall include whether the
proposed structure or improvement would interfere with the County's use of the Trail
Corridor for trail purposes or would pose any health or safety risks,and the goal of
ensuring reasonable integration of City park and County trail facilities.
2. If the City wishes at its sole expense to construct and maintain benches,picnic
tables,picnic shelters,water fountains,or signage within 25 feet outside the 30 foot Trail
Corridor it may request approval for such improvements from the County,which
approval shall be based on safety considerations and shall not be unreasonably withheld.
3. Except as provided under paragraph J.2 above,the construction,installation or
maintenance of permanent structures or improvements shall be absolutely prohibited
within 25 feet outside of the 30 foot Trail Corridor,and shall constitute an impermissible
interference with the County's reserved easement rights.
52
Exhibit C
Form of Parks and Open Space Transfer Agreement
4. The County shall retain sole authority over the location,design and number(if
any)of any City trails that connect to the Trail within the Property.All other right,title,
and interest in the Property that may be used and enjoyed without interfering with the
easement rights herein reserved are transferred to the City by this Deed.
K. To the extent permitted by law,each party shall protect,defend,indemnify
and save harmless the other party,its officials,employees and agents,from any and all
costs,expenses,claims,actions,suits,liability,loss,judgments,attorney's fees and/or
awards of damages arising out of or in any way resulting from negligent acts,errors,or
omissions by the indemnifying party,or its officials,employees or agents in connection
with Trail related activities on the Property. If such costs,expenses,claims,actions,
suits,liability,loss,judgments,attorney's fees and/or awards of damages are caused by,
or result from,the concurrent negligence of the parties,or their officials,employees and
agents,this Section shall be valid and enforceable only to the extent of the negligence of
each party,its officials,employees and agents.
The foregoing indemnity is specifically and expressly intended to constitute a
waiver of indemnifying party's immunity under Washington's Industrial.Insurance Act,
RCW Title 51,as respects the indemnified party only,and only to the extent necessary to
provide the indemnified party with a full and complete indemnity of claims made by the
indemnifying party's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed by them.
L. Any facilities installed by the County under the authority of this Easement shall
be consistent with the restrictive covenants reserved by the County in this Deed.
M. The easement and agreements contained herein shall be deemed covenants
running with the land(subject to the terms hereof)and shall inure to the benefit of and be
binding upon County's and City's respective successors and assigns. The exhibits
attached hereto are incorporated herein by this reference as if fully set forth.
53
Exhibit C
Form of Parks and Open Space Transfer Agreement
EXHIBIT C-2
Cedar to Sammamish Trail Site Trail Easement
A. King County reserves to itself,its successors and assigns,a permanent perpetual
nonexclusive easement("Easement")for a public,multi-purpose hard and/or soft-surface
regional trail("Trail")for public pedestrian,bicycle and other non-motorized uses,over,
through, along, and across certain parcels of land situated in the Cedar to Sammamish
Trail Site described in this Deed. The Easement shall ultimately be a strip of land
generally 30 feet in width,centered on an alignment to be determined by the parties
pursuant to the terms of this Easement. The area subject to the Easement shall be
referred to herein as the"Trail Corridor."
B. The Trail Corridor shall enter the Cedar to Sammamish Trail Site Property
conveyed by this deed(hereinafter the"Property")on the north-eastern portion of the
Property and shall exit the Property at the southwestern portion of the Property in a
manner that will most reasonably facilitate the use of the Property as a connection
corridor to adjacent designated trail corridors or equivalent transportation corridors.
Aside from these entry and exit points,the County and Grantee shall consult with one
another in good faith to reach agreement on the precise location of the Trail Corridor
within the Property. The County and Grantee will seek to agree to the precise location
for the Trail Corridor that best serves the public interest in an integrated recreational
facility that combines a regional trail and the City's park and recreation improvements on
the site,including active recreation facilities and passive recreation. The parties agree
that the Trail Corridor should be sited to avoid wetland or similar areas on the Property
that may impose significant additional trail construction costs.
C. The Trail Corridor shall allow for vehicular crossing(s),if needed,in order to
accommodate the City's park development plans,so long as safety issues relating to the
crossing(s)are adequately addressed. Should City proceed to construction of a vehicle
access prior to the County or the City constructing the Trail,City shall coordinate with
the County to ensure that the design and construction of the access is compatible with the
Trail and Trail crossing.
D. Selection of the location of the Trail Corridor shall occur as follows:
1. To avoid prematurely eliminating from consideration any area that is
suitable for the Trail Corridor,the County and City shall reach agreement on the precise
location of the Trail Corridor before making any permanent improvements to the
Property unless the County and City agree in writing to the installation of such
improvements. Such improvements will be appropriate if the improvements are to be
located outside the Trail Corridor. If either Party commences its planning process for its
respective facilities in the Property,including construction of the Trail by either party,the
other Party will participate in good faith to attempt to avoid delaying that planning
process.
54
Exhibit C
Form of Parks and Open Space Transfer Agreement
2. If the parties agree to the location of the Trail Corridor at
general
planning level of detail or at any other stage of planning prior to preparation of plans at a
schematic design level of detail,the Trail Corridor will initially be 100 feet in width,and
shall remain 100 feet in widthuntil construction of the Trail is completed. The 100 foot
width will allow the County(or City,in event City is constructing the Trail)to prepare
schematic designs that account for the specific physical characteristics of the land within
the Trail Corridor,and to construct the trail. After construction is completed,the Trail
Corridor will be generally 30 feet in width,but shall be wider in areas where additional
width is needed to accommodate trail amenities and all necessary slopes for cuts and fills
for the trail,or to install drainage or detention facilities or other facilities required by a
permitting agency that support or provide mitigation for the trail that cannot reasonably
be located within the 30 foot width.
3. If the parties agree to the location of the Trail Corridor at a schematic
design level of detail for the Trail,the Trail Corridor will be generally 30 feet in width,
but shall be wider in areas where additional width is needed to accommodate trail
amenities,make all necessary slopes for cuts and fills for the Trail,or to install drainage
or detention facilities or other facilities required by the permitting agency that support or
provide mitigation for the regional trail that cannot reasonably be located within the 30
foot width. .
4. When the parties reach agreement on the location of the Trail Corridor,
this Easement shall be amended to add a legal description defining the location of the
Trail Corridor. Such amendment may occur more than once if the parties agree to an
initial 100 foot wide Trail Corridor that is subsequently narrowed to a generally 30 foot
wide Trail Corridor.
E. The County and City shall consult with one another during the design of any •
drainage or detention facilities for each entity's respective improvements in the Property,
to explore whether such facilities could be shared.
F. This Easement includes the right of access for ingress and egress across the
Property to the Trail Corridor,the right to make all uses of the Trail Corridor for
improvement,construction,alteration,repair,maintenance,trail-related utilities and
operation of a public Trail,the right to make all necessary slopes for cuts and fills for a
Trail,and the right to use motorized vehicles for the improvement,construction,
alteration,repair,maintenance and operation of a Trail and for emergency or(until such
time as the Trail is within the corporate limits of the City)law enforcement purposes.
Nothing in this Easement shall be limited in any way if the City,consistent with the terms
herein,chooses to construct and/or maintain the Trail within the Property.
G. This Easement shall further include the temporary right during construction to
stage construction activities on the Property in and around the Trail Corridor as necessary
to construct the Trail. Such use shall not commence until the party undertaking the
construction has prepared a restoration plan for the affected land,the surface of which
shall be restored as nearly as possible to the condition in which it existed prior to
construction.
55
•
Exhibit C
Form of Parks and Open Space Transfer Agreement
H. If the County undertakes construction of the Trail,the County shall be responsible
for the cost of all Trail and related facilities design,construction,repair and replacement.
If the City wishes to undertake construction of the Trail on the Property,it shall first
notify the County in writing not less than 12 months prior to initiation of construction,
which notice shall also set forth a proposed construction schedule. The County may
reject the City's construction request if the County has planned to complete the
construction of the Trail on the Property prior to the City's proposed construction
completion date or if the County otherwise determines that the City's actions would
negatively impact the County's construction of trail segments connecting to the Trail on
the Property. If the County does not reject the City's request,the City shall be solely
responsible for the cost of all Trail and related facilities design and construction on the
Property. The Trail shall be constructed in a manner that meets or exceeds County
regional trail standards for the regional trail of which this is a portion,and to ensure its
integration into the larger County Trail system which connects to the Trail Corridor at the
entry and exit points noted on Exhibit D;and shall be undertaken in a manner consistent
with the terms of this Easement. Notwithstanding paragraph I below,the City shall also
in such event be responsible for maintenance and operation of the Trail consistent with
County standards,policies and practices for improved regional trails for until at least such
time as the County has completed construction of the adjacent trail segments connecting
to the Trail.
I. The County shall operate and maintain any constructed trail within the Trail
Corridor consistent with County standards,policies and practices for improved regional
trails and consistent with adopted budget appropriations. However,at its option,the City
may instead operate and maintain the constructed trail,consistent with County standards,
policies and practices for improved regional trails and if it so chooses,shall notify the
County in writing at least 6 months in advance of such action,indicating the period for
which the City intends to be responsible for such maintenance and in such event the City
shall be solely responsible for any and all costs and liability associated with the
maintenance and operation of the Trail for the period so indicated. In any event the Trail
shall be operated and maintained in a manner to ensure its integration into the larger
County Trail system.
J. City and other non-County improvements in and around the Trail Corridor shall
be permitted as follows:
1. The construction,installation or maintenance of structures or improvements,
whether temporary or permanent, shall be absolutely prohibited within the 30 foot Trail
Corridor and shall be deemed an interference with the County's reserved easement rights
unless specifically approved in writing by the County,which approval shall not be
unreasonably withheld. Considerations governing approval shall include whether the
proposed structure or improvement would interfere with the County's use of the Trail
Corridor for trail purposes or would pose any health or safety risks,and the goal of
ensuring reasonable integration of City park and County trail facilities.
2. If the City wishes at its sole expense to construct and maintain benches,picnic
tables,picnic shelters,water fountains,or signage within 25 feet outside the 30 foot Trail
56
Exhibit C
Form of Parks and Open Space Transfer Agreement
Corridor it may request approval for such improvements from the Count which
Pr Y�
approval shall be based on safety considerations and shall not be unreasonably withheld.
3. Except as provided under paragraph J.2 above,the construction,installation or
maintenance of permanent structures or improvements shall be absolutely prohibited
within 25 feet outside of the 30 foot Trail Corridor,and shall constitute an impermissible
interference with the County's reserved easement rights.
4. The County shall retain sole authority over the location,design and number(if
any)of any City trails that connect to the Trail within the Property.All other right,title,
and interest in the Property that may be used and enjoyed without interfering with the
easement rights herein reserved are transferred to the City by this Deed.
K. To the extent permitted by law,each party shall protect,defend,indemnify
and save harmless the other party,its officials,employees and agents,from any and all
costs,expenses,claims,actions,suits,liability,loss,judgments,attorney's fees and/or
awards of damages arising out of or in any way resulting from negligent acts,errors,or
omissions by the indemnifying party,or its officials,employees or agents in connection
with Trail related activities on the Property. If such costs,expenses,claims,actions,
suits,liability,loss,judgments,attorney's fees and/or awards of damages are caused by,
or result from,the concurrent negligence of the parties,or their officials,employees and
agents,this Section shall be valid and enforceable only to the extent of the negligence of
each party,its officials,employees and agents.
The foregoing indemnity is specifically and expressly intended to constitute a
waiver of indemnifying party's immunity under Washington's Industrial Insurance Act,
RCW Title 51,as respects the indemnified party only,and only to the extent necessary to
provide the indemnified party with a full and complete indemnity of claims made by the
indemnifying party's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed by them.
L. Any facilities installed by the County under the authority of this Easement shall
be consistent with the restrictive covenants reserved by the County in this Deed.
M. The easement and agreements contained herein shall be deemed covenants
running with the land(subject to the terms hereof) and shall inure to the benefit of and be
binding upon County's and City's respective successors and assigns. The exhibits
attached hereto are incorporated herein by this reference as if fully set forth.
57
Exhibit C
Form of Parks and Open Space Transfer Agreement •
Exhibit D
AFTER RECORDING RETURN TO:
City of RENTON,Washington
QUIT CLAIM DEED
GRANTOR—KING COUNTY
GRANTEE-CITY OF RENTON
LEGAL--
The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of
Washington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee,the CITY OF RENTON, a municipal
corporation of the State of Washington, those certain real property interests, as legally described
in Exhibit A, attached hereto and made a part of this Deed together with any after-acquired title
with the Grantor may acquire:
Dated this day of ,200 .
KING COUNTY,WASHINGTON
BY
TITLE
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
I certify that signed this instrument,on oath stated that
he was authorized by the King County Executive to execute the instrument,and acknowledged it
as the of King County, Washington to be
the free and voluntary act of said County for the uses and purposes mentioned in the instrument.
Dated
•
NOTARY PUBLIC in and for the State
of Washington,residing at
My appointment expires
58
Exhibit D
Drainage Facilities to be Transferred to or Subject to Inspection by City of Renton
upon Annexation of East Renton PAA
Table A: Stormwater System Facilities to be transferred to City
DR# Facility Address Type
DR0509 Cemetary Regional Wetland 16400 SE 128th St. Regional Pond
DR0555 SE 144th/1615t Ave.NE SE 144th and 161`Av SE Regional Pond
DR0546 Puget Colony Homes Ph 1 14200 SE 136'h St. Channel
DR0547 Puget Colony Homes Ph 2 131500 140th Ave.SE Regional Pond
Table B: Commercial Stormwater Facilities to remain inrivate ownership,but
P may
be inspected by City
Facility Name Facility Address
Puget Sound Energy-Maplewood Hills SE 128th St./155th Ave.SE
KC Water District 90 18239 SE 136th St.
Liberty High School 16655 SE 136th St.
Lord of Life Lutheran Church 12819 160th Ave.SE
Liberty High School Parking Lot 16655 SE 136th St.
Water District 90 Treatment Facility#1 18602 SE Jones Rd.
59
Exhibit D continued
Table C: Stormwater Facilities Serving Residential Development to be Transferred
to City
FACILITY NAME FACILITY ADDRESS
Maplewood Manor 14042 SE 141 `St.
Briar Ridge 14409 148th Pl.SE
Cedar River Bluff 14400 144'h Ave.SE
Brookshire East 15400 SE 133`d Ct.
Willowbrook Lane 13600 152nd P1 SE
AAA 2YR Bond Highland 13700 154th Ave.SE
AAA 2YR Bond Highland 14005 149th P1 SE
Briar Hills#4 14995 SE 142°d St.
Briar Hills#1 14995 SE 142nd St.
Briar Ridge 15006 SE 145th P1.
Briary Hills#3 15107 SE 145th Pl.
Ridge Point Estates 15108 SE 145th Pl
Briarwood Estates 13028 164th Ave.SE
Carolwood 1 &2 15616 SE 143`d Pl.
Serena Park 16404 SE 143`d Pl.
Liberty Lane 16241 SE 137th Pl.
Liberty Lane 16203 SE 137th P1.
Briar Park#1 14731 160th P1.SE
Briarwood South#4 16225 SE 145t''Pl.
Serena Park 16712 SE 144th St.
Serena Park 14240 164th Ave.SE
SP S0988009 17407 SE 136th St.
60
Exhibit E
Drainage Facility and Related Property Interests to be Transferred to the City
I.Drainage Related Lands held by King County and Described as Follows:
That portion of the East one half of the Southwest quarter of the Northwest quarter of the Northwest quarter
of Section 13,Township 23 North,Range 5 East,W.M.,King County,Washington lying Northerly of the
following described line: Beginning at the northwest corner of said east one half;thence South 01°54'34"
East 145 feet to the True Point of beginning and beginning of said line;thence South 84°11'12"East
120.95 feet;thence South 01°54'34"East 60 feet;thence North 65°37'23"East 147 feet,more or Iess,to a
point which is North 82°21'25"West 70 feet from the East line of said east one half;thence South
82°21'25"East 70 feet and the terminus of said line. (Tax Account No. 132305-9076)
That portion of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 13,
Township 23 North,Range 5 East,W.M.,King County,Washington described as follows: Beginning at
the Southeast corner of the North 333 feet of the West 230 feet of said subdivision,said West 230 feet to be
measured parallel with the North line of said subdivision,thence South 2°09'27"East,parallel with the
West line of said subdivision,318.19 feet,more or less,to the South line of said subdivision;thence
Easterly,along said South line 252.16 feet,more or less,to the West line of the East 168 feet of said
subdivision;thence Northerly along said West line 258.44 feet to the South line of the North 393 feet of
said subdivision;thence North 89°33'47"West,along said South line 175 feet more or less,to the West
line of the East 343 feet of said subdivision;thence Northerly,along said West line 60 feet to the Southwest
corner of the North 333 feet of the East 343 feet of said subdivision;thence North 89°33'47"West 82 feet,
more or less,to the point of beginning;TOGETHER WITH an easement for ingress,egress and utilities
over the West 40 feet of the East 343 feet of the South 351 feet of the North 393 feet of said subdivision;
LESS coal and mineral rights. (Tax Account No. 132305-9090)
Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of the Northwest
quarter of Section 13,Township 23 North,Range 5 East,W.M.King County,Washington;thence East 230
feet;thence South 660 feet,more or less,to the South line of said subdivision;thence West 230 feet;thence
North 660 feet;EXCEPT the Westerly 30 feet thereof deeded to King County by deed recorded under King
County Recording Number 3189344;AND EXCEPT the Northerly 333 feet;LESS coal and mineral rights.
(Tax Account No. 132305-9108)
That portion of the following described Tract"X"lying Southwesterly of the following described line:
Beginning at the Southeast corner of the Northwest quarter of the Northwest quarter of the Northwest
quarter of Section 13,Township 23 North,Range 5 East,W.M.,King County,Washington;thence North
02°09'27"West,along the East line of said subdivision, 100 feet to the True Point of Beginning;thence
North 87°33'47"West parallel with the South line of said subdivision 45.96 feet;thence North 18°54'48"
West 149.98 feet;thence North 62°46'04"West 20.00 feet;thence North 02°09'27"West 58.00 feet;
thence North 87°33'47"West 61.19 feet;more or less,to the West line of said Tract and the terminus.
Tract"X":The East 168 feet of the Northwest quarter of the Northwest quarter of the Northwest quarter of
Section 13,Township 23 North,Range 5 East,W.M.,in King County,Washington;EXCEPT the North
245 feet;and EXCEPT the East 30 feet for road purposes;and LESS coal and mineral rights. (Tax
Account No. 132305-9135)
The South 30 feet of the East 75 feet of Lot 1,Block 1,Cedar Park Five-Acre Tracts;
61
WITH that portion of Lot 2,Block 1,Cedar Park Five-Acre Tracts lying Northeast of the following
described Iine: Beginning at the Northeast corner of Lot 2,Block 1,Cedar Park Five-Acre Tracts;thence
North 87°10'11"West,75 feet to the True Point of Beginning;thence South 23°06'34"East,200.58 feet,
more or less,to the East line of Lot 2,Block 1,Cedar Park Five-Acre Tracts,according to the Plat thereof
recorded in Volume 15 of Plats,Page 91,in King County,Washington. (Tax Account No. 145750-0006)
A portion of the West half of the Southwest quarter of the Northwest quarter of the Northwest quarter of
Section 13,Township 23,Range 5 East,LESS the West 30 feet thereof lying northerly of the following
described line:Beginning at the Northwest corner of the above described property thence South 02°09'27"
East along the West line thereof 75 feet to the True Point of Beginning;thence South 68°11'46"East 240
feet;thence North 84°57'26"East 75 feet more or less to the East Iine of said property and the terminus of
said line;LESS coal and mineral rights. (Tax Account No. 132305-9141)
Tract A of KING COUNTY SHORT PLAT 988009,Recording number 9211031113 said short plat
defined as follows:Lot 4 of King County short plat No. 1281009 filed under recording No.8305240824
being a portion of Lot 2 of King County short plat No.776042 filed under recording No.7612030576 being
a portion of the northwest quarter of the southeast quarter,LESS coal and mineral rights. (Tax Account
No.132305-9139)
Tract A of King County Short Plat L96S0036 as filed under Recording No.9903319002 said short plat
defined as the west half of the southwest quarter of the northwest quarter of the northwest quarter LESS the
west 30 feet for road;LESS portion lying north of the following described line—Beginning at the
northwest corner of the southwest quarter of the northwest quarter of the northwest quarter thence
S02°09'27"E 75 feet to the POINT OF BEGINNING,thence S68°11'46"E 240 feet,thence N84°57'26"E
75 feet more or less to the east line of the west half of the southwest quarter of the northwest quarter of the
northwest quarter and terminus of said line.(Tax Account No. 132305-9148)
Tract C,SERENA PARK,as recorded in Volume 124 of Plats,pages 072 through 073,records of King
County,Washington(Tax Account No.769550-0370)
Tract B,BRIAR HILLS,as recorded in Volume 100 of Plats,page 058,records of King County,
Washington(Tax Account No. 107200-0460)
Tract A,BRIAR HILLS NO.4,as recorded in Volume 113 of Plats,page 077,records of King County,
Washington(Tax Account No. 107203-0540)
Tract A,BRIARWOOD SOUTH NO.4,as recorded in Volume 091 of Plats,page 074,records of King
County,Washington(Tax Account No. 108131-0320)
Tract A,CAROLWOOD,as recorded in Volume 111 of Plats,pages 099 through 100,records of King
County,Washington(Tax Account No. 139750-0110)
Tract A,LIBERTY LANE,as recorded in Volume 113 of Plats,pages 020 through 021,records of King
County,Washington(Tax Account No.430650-0130)
Tract A,WILLOWBROOK LANE,as recorded in Volume 170 of Plats,pages 001 through 004,records of
King County,Washington(Tax Account No.943275-0210)
Tract A,MAPLEWOOD MANOR,as recorded in Volume 106 of Plats,pages 092 through 093,records of
King County,Washington(Tax Account No.512870-0150)
Tract A,BRIAR PARK NO. 1,as recorded in Volume 105 of Plats,pages 056 through 057,records of
King County,Washington(Tax Account No.107930-0100)
Tract A,BRIAR RIDGE,as recorded in Volume 113 of Plats,pages 060 through 061,records of King
County,Washington(Tax Account No.107945-0460)
62
Tract N,EVENDELL,as recorded in volume 229 of Plats,pages 034 through 042,records of King County,
Washington(Tax Account No.Unassigned)
Tract A,RIDGE POINT ESTATES,as recorded in Volume 164 of Plats,pages 084 through 085,records of
King County,Washington(Tax Account No.730290-0180)
2.All drainage easements dedicated to King County or the public in the following recorded plats:
ALBERT BALCH'S WHISPERING PINES,as recorded in Volume 070 of Plats,page 051,records of
King County,Washington
BEACH HOME ESTATES NO. 1,as recorded in Volume 075 of Plats,page 055,records of King County,
Washington
BEACH HOME ESTATES NO.2,as recorded in Volume 070 of Plats,page 089,records of King County,
Washington
BLACK LOAM FIVE-ACRE TRACTS,as recorded in Volume 012 of Plats,page 101,records of King
County,Washington
BOYDSTONS 1ST ADDITION,as recorded in Volume 070 of Plats,page 060,records of King County,
Washington
BRIAR HILLS,as recorded in Volume 100 of Plats,page 058,records of King County,Washington
BRIAR HILLS NO.2,as recorded in Volume 102 of Plats,page 090,records of King County,Washington
BRIAR HILLS NO.3,as recorded in Volume 107 of Plats,page 036,records of King County,Washington
BRIAR HILLS NO.4,as recorded in Volume 113 of Plats,page 077,records of King County,Washington
BRIAR PARK NO. 1,as recorded in Volume 105 of Plats,pages 056 through 057,records of King County,
Washington
BRIAR RIDGE,as recorded in Volume 113 of Plats,pages 060 through 061,records of King County,
Washington
BRIARWOOD LANE,as recorded in Volume 104 of Plats,pages 030 through 031,records of King
County,Washington
BRIARWOOD SOUTH,as recorded in Volume 084 of Plats,page 037,records of King County,
Washington
BRIARWOOD SOUTH NO.2,as recorded in Volume 084 of Plats,page 046,records of King County,
Washington
BRIARWOOD SOUTH NO.3,as recorded in Volume 088 of Plats,page 007,records of King County,
Washington
BRIARWOOD SOUTH NO.4,as recorded in Volume 091 of Plats,page 074,records of King County,
Washington
63
BRIARWOOD SOUTH NO.5,as recorded in Volume 093 of Plats,page 016,records of King County,
Washington
BRIARWOOD SOUTH NO.6,as recorded in Volume 097 of Plats,pages 068 through 069,records of
King County,Washington
BRIARWOOD WEST,as recorded in Volume 093 of Plats,pages 091 through 092,records of King
County,Washington
CAROLWOOD,as recorded in Volume 111 of Plats,pages 099 through 100,records of King County,
Washington
CAROLWOOD NO.2,as recorded in Volume 114 of Plats,page 074,records of King County,
Washington
CEDAR CREST ESTATES,as recorded in Volume 095 of Plats,page 054,records of King County,
Washington
CEDAR PARK FIVE-ACRE TRACTS,as recorded in Volume 015 of Plats,page 091,records of King
County,Washington
CEDAR RIVER BLUFF,as recorded in Volume 172 of Plats,pages 053 through 056,records of King
County,Washington
CEDAR RIVER FIVE ACRE TRACTS,as recorded in Volume 016 of Plats,page 052,records of King
County,Washington
DERRYHURST,as recorded in Volume 066 of Plats,page 074,records of King County,Washington
EAST CREST,as recorded in Volume 087 of Plats,page 049,records of King County,Washington
EAST CREST NO.2,as recorded in Volume 093 of Plats,page 081,records of King County,Washington
EASTWOOD PARK DIVISION NO.2,as recorded in Volume 088 of Plats,pages 063 through 065,
records of King County,Washington
EVENDELL,as recorded in Volume 229 of Plats,pages 034 through 042,records of King County,
Washington
GOES PLACE,as recorded in Volume 085 of Plats,pages 012 through 013,records of King County,
Washington
HIDEAWAY HOME SITES,as recorded in Volume 081 of Plats,pages 088 through 089,records of King
County,Washington
HAMILTON PLACE,as recorded in Volume 225 of Plats,pages 099 through 102,records of King
County,Washington
HENDRICKSONS HEIGHTS ADDITION NO. I,as recorded in Volume 062 of Plats,page 002,records
of King County,Washington
HENDRICKSONS HEIGHTS ADDITION NO.2,as recorded in Volume.063 of Plats,page 063,records
of King County,Washington
HENDRICKSONS HEIGHTS ADDITION NO.3,as recorded in Volume 070 of Plats,page 054,records
of King County,Washington
64
HIGHLAND ESTATES,as recorded in Volume 212 of Plats,pages 010 through 013,records of King
County,Washington
INTERLAKE ADDITION NO. 1,as recorded in Volume 083 of Plats,pages 096 through 097,records of
King County,Washington
JANETTS RENTON BOULEVARD TRACTS,as recorded in Volume 0I7 of Plats,page 060,records of
King County,Washington
KIMBER LANE,as recorded in Volume 091 of Plats,page 013,records of King County,Washington
KING COUNTY Short Plat No.L95S0020,as recorded in Volume 115 of Plats,page 196,records of King
County,Washington
KING COUNTY Short Plat No.L96S0032,as recorded in Volume 128 of Plats,page 199,records of King
County,Washington
KING COUNTY Short Plat No.L96S0036,as recorded in Volume 128 of Plats,pages 244 through 245,
records of King County,Washington
KING COUNTY Short Plat No.S90S0040,as recorded under recording number 199501109004,Volume
101 of Plats,page 236,records of King County,Washington
KING COUNTY Short Plat No.988009,as filed under recording number 199211031113,records of King
County,Washington
KING COUNTY Short Plat No.377136,as recorded under Auditor's Filing number 7803060923,records
of King County,Washington
LAMANS PLACE,as recorded in Volume 086 of Plats,pages 083 through 084,records of King County,
Washington
LIBERTY LANE,as recorded in Volume 113 of Plats,pages 020 through 021,records of King County,
Washington
LINDA HOMES,as recorded in Volume 074 of Plats,page 006,records of King County,Washington
MAPLE RIDGE,as recorded in Volume 086 of Plats,pages 085 through 086,records of King County,
Washington
MAPLE RIDGE NO.2,as recorded in Volume 090 of Plats,page 009,records of King County,
Washington
MAPLEWILD,as recorded in Volume 086 of Plats,page 031,records of King County,Washington
MAPLEWOOD HEIGHTS,as recorded in Volume 078 of Plats,pages 001 through 004,records of King
County,Washington
MAPLEWOOD HEIGHTS NO.2 as recorded in Volume 087 of Plats,pages 053 through 054,records of
King County,Washington
MAPLEWOOD MANOR,as recorded in Volume 106 of Plats,pages 092 through 093,records of King
County,Washington
MARYWOOD,as recorded in Volume 090 of Plats,page 032,records of King County,Washington
65
MCINTIRE HOMESITES,as recorded in Volume 058 of Plats,page 082,records of King County,
Washington
NICHOLS PLACE,as recorded in Volume 231 of Plats,pages 001 through 005,records of King County,
Washington
PUGET COLONY HOMES,as recorded in Volume 086 of Plats,page 059,records of King County,
Washington
RENTON SUBURBAN TRACTS,as recorded in Volume 057 of Plats,pages 072 through 073,records of
King County,Washington
RENTON SUBURBAN TRACTS,DIVISION No.2,as recorded in Volume 058 of Plats,pages 097
through 098,records of King County,Washington
RENTON SUBURBAN TRACTS,DIVISION No.3,as recorded in Volume 059 of Plats,pages 082
through 084,records of King County,Washington
RENTON SUBURBAN TRACTS DIVISION NO.4,as recorded in Volume 061 of Plats,pages 074
through 076,records of King County,Washington
RENTON SUBURBAN TRACTS,DIVISION No.5,as recorded in Volume 063 of Plats,pages 097
through 098,records of King County,Washington
RENTON SUBURBAN TRACTS,DIVISION No.6,as recorded in Volume 066 of Plats,pages 033
through 035,records of King County,Washington
RENTON SUBURBAN TRACTS DIVISION NO.7,as recorded in Volume 069 of Plats,pages 039
through 041,records of King County,Washington
RENTON SUBURBAN TRACTS DIVISION NO.8,as recorded in Volume 069 of Plats,pages 074
through 076,records of King County,Washington
RICH LEA CREST,as recorded in Volume 088 of Plats,page 071,records of King County,Washington
RIDGE POINT ESTATES,as recorded in Volume 164 of Plats,pages 084 through 085,records of King
County,Washington
ROSE GARDENS,as recorded in Volume 083 of Plats,page 069,records of King County,Washington
SERENA PARK,as recorded in Volume 124 of Plats,pages 072 through 073,records of King County,
Washington
SKYFIRE RIDGE DIV NO. 1,as recorded in Volume 141 of Plats,pages 093 through 099,records of
King County,Washington
WEGLINS i sT ADDITION,as recorded in Volume 068 of Plats,page 006,records of King County,
Washington
WILLIAMS SUNNY SLOPES,as recorded in Volume 073 of Plats,page 073,records of King County,
Washington
WILLOWBROOK LANE,as recorded in Volume 170 of Plats,pages 001 through 004,records of King
County,Washington
66
WHITE FENCE RANCH,Assessor's Plat of,as recorded in Volume 065 of Plats,page 006,records of
King County,Washington
.3. The following easements: •
Drainage easement over a portion of SE%of 15-23-5(Stallings).
Drainage easement over the northeasterly 10 feet of Lot 32 of Puget Colony Homes(Dembowski).
Storm/Drainage easement over a portion of property described as follows: Beginning at a point 168 feet
west of the northeast corner of the northwest quarter of the northwest quarter of the northwest quarter of
Section 13,Township 23 North,Range 5 East,W.M.;thence south 303 feet to the True Point of Beginning;
thence north 90 feet to the True Point of Beginning;less Coal and Mineral Rights(Holcomb).
4. The following declarations of covenant:
Declaration of Covenant filed under recording number 20021106001872
Declaration of Covenant filed under recording number 20030604003025
Declaration of Covenant filed under recording number 20050804001352
according to the Evendell Plat filed under King County Recording No.20050726000751
•
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Exhibit F
AFTER RECORDING RETURN TO:
City of Renton,Washington
QUIT CLAIM DEED
GRANTOR—KING COUNTY
GRANTEE-CITY OF Renton
LEGAL--
TAX NO.—N/A
The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of
Washington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee,the CITY OF RENTON, a municipal
corporation of the State of Washington,those certain real property interests,as legally described
in Exhibit A,attached hereto and made a part of this Deed:
Dated this day of ,2007.
KING COUNTY,WASHINGTON
BY
TITLE
68
STATE OF WASHINGTON )
SS
COUNTY OF KING )
I certify that signed this instrument,on oath stated that
he was authorized by the King County Executive to execute the instrument,and acknowledged it
as the of King County, Washington to be
the free and voluntary act of said County for the uses and purposes mentioned in the instrument.
Dated
NOTARY PUBLIC in and for the State
of Washington,residing at
My appointment expires
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Exhibit G
East Renton Potential Annexation Area Police Services Transition Plan
A. Effective Date: Effective Date of the Annexation Area Annexation,or
termination of a sheriff services contract for the Annexation Area,if any is
entered into,whichever is later.
B. Desired outcomes
1. The King County Sheriff's Office("KCSO")and City of Renton("City")
share a goal to work together to ensure that the transition is conducted in a
professional manner,and that there are no breaks in service for the residents
of the Annexation Area.
C. Roles and responsibilities
1. The KCSO Contracts Unit is responsible for:
a. Facilitating the transition process.
b. Ensuring that all transition elements are addressed and completed.
c. Working with Precinct Three to address operational components of
change.
d. Working with non-precinct KCSO units to ensure smooth transition.
e. Serving as primary contact for the City.
2. The KCSO Precinct Three is responsible for:
a. Ensuring the operations are smoothly transitioned,including sharing of
crime information as requested by the City.
3. The City,including its police department,is responsible for:
a. Ensuring that the police department is able to provide service in the
Annexation Area beginning on the effective dates of the annexations.
b. Determining the information needed from the KCSO regarding crime,
detective cases,or other law enforcement activities.
c. Requesting the information identified above in a timely manner.
D. Workload
1. Records
a. The KCSO will retain all original records for events happening before the
effective annexation date in accordance with state records retention
schedules.KCSO will provide copies of the records upon written request
from the City Police Department,following KCSO protocols.
2. Fingerprinting and Concealed Weapons Permits
a. Renton residents can continue to receive these services at KCSO locations,
or may go to the City Police for these services.
3. Sex offender tracking,contacts, and notifications
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a. From and after the effective date of the annexation,the City will become
responsible for holding community meetings for any sex offenders living
in the Annexation Area,with the exception of already-scheduled meetings.
Further,the City will be responsible for all legally mandated contacts and
monitoring.The KCSO retains responsibility for sex offender registration
in accordance with applicable statutes.
4. Investigations
a. KCSO detectives will continue to handle all investigations that are active
at the date of annexation,unless otherwise negotiated with the City.At the
City's request,the KCSO will arrange for an information exchange with
city detectives in order to pass on information regarding any cases that the
City will investigate. Investigation of criminal matters occurring from and
after the effective date of annexation will be the responsibility of the City.
E. Emergency 9-1-1 Services(Communication&Dispatch)
1. City Police will be responsible for ensuring that their communications and
dispatch services are prepared to take Annexation Area calls beginning on the
effective dates of the annexations. This includes arranging for such 9-1-1 calls
to be directed to the proper communications center.City Police will provide
the E-911 Program Office with at least 30 days advance notice of the
anticipated effective date of the annexation to allow sufficient time for the E-
911 Program Office and Qwest to process E-911 database changes before the
effective date of the annexations.
2. The KCSO and the E-91I Program Office will be responsible for
discontinuing communication and dispatch service to the Annexation Area on
the effective dates of the annexations.The KCSO and the E-911 Program
Office will assist Renton's communications service in making the switch,with
the City having primary responsibility.
F. Notification to affected units
1. The KCSO Contracts Unit will notify all KCSO units of the annexations,and
will work with them to resolve any concerns.
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