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Home My WebLink AboutA 8605010933� � � , r � .. . . � ' ` r `� ` CERTIFICATE ' � ' ' ° � � � ` ' � � � 1, the undersigned, Maxine E. Motor Clerlt of the �� "�� City of Renton�;�IM11�1t��" n', �b"��het this is a true � __ _ __ _ __,�, ,.� __ _ y__^� ' aple.wood��olf Course Agreement 1 ��.�� ---- and-comec#copy:�of� Subscribed and�'1 �this� day of Anr; 19$�. ! RENTON MIINN�PAI,BlD6. ' ,, �',��'` CQ G`�,�� 200 MNl AYE S0. � ,,��,,� ' �toN,w�� `��,�, ; City Clerk ! CAG-082-85 . }} 4i � 3�.'r,��`i�i-j.`i�ij, �t_i�„"�' �: '"'`�" � ��AGREEMENT AS TO RIGHTS AND DUTIE��.�':C:� �= 1�, }�t+=t E�:(=(L,�-'r.{ >!:rF:`i�:'t�-j•, i�li_i RE : MAPLEWOOD GOLF COURSE PROPERTY• �5 This Agreement is made and entered into between the City of Renton as a municipal corpor�tion, actin; for the City General Fund , � the Renton Parks Department , acting by and through the City of � O Renton and the Park Board, acting for the Golf Course Enterprise � � Fund and the Cit of Renton Waterworks Utilit � � Y y, a separate `D operating fund of the City of Renton. � 1 . Purchase of Property : The City of Renton had the opportunity to purchase the entire property of Maplewood Golf Course . The City Council approved councilmanie bonds in the amount of Four Million Two Hundred Thousand Dollars ($4 ,200 ,000 .00) for the purchase of the property . Said bonds will be retired over an ext�nded period of time . 2 . Utility Participation: The Waterworks Utility of the City of Renton, as a separate fund, agrees to fund twenty pereent (20�) of the payments to retire the debt in exchange for certain rights on , across , under and through the Maplewood Golf Course property for the purpose of well-field proteetion , the ri�ht to drill wells the ri ht to extend utilit � ; y easements , the right to locate wells and maintain them, for drainage and for aecess and utility corridors for sew��e, water and drainage utilities . The Utility shall gain no ownership rights hereunder ' as a part of the regular operating cost of the Utility except easements . A portion of the purpose for this Agreement is to establish and define the rights purchased by the Waterworks Utility , �as a separate fund of Y . � '• t� • i . � � ' F� , • • � ' � e the City of Renton , and to impose restrietive covenants on the property to protect such interest . 3 . PORTIONS FOR SALE: It is understood between all parties that a certain portion of the property , nat utilized for the galf eourse , and not necessary far the uses of the Waterworks Utility can be �o1d . The sale of �he property is anticipated as � source af funds which together with the councilman�.e bonds wil1. be used to � redeem the 19$5 bond anticipation notes . Those portions af' the r�`.t oproperty that will be offered for sale are designated on Exhibit r��r p to this Agreement . The boundary lines of the areas designated are �} � not intended to be exaet , but to indicate only the general area that .� � wiil be offered for sale. It is antieipated that priar to sale that restrietive eavenants will be placed an the land �o proteet the galf caurse and the w�ter shed and well-field pratection area. It is planned that utilities , particularly sewage water and drainage will � be installed prior to the sale of these parcels of land and that ', restrietive covenants will limit development in such a fashion as to � not endan�er the other uses of this property . To the extent funds are received from the sale of the property , thase funds shall be used to retire the 1985 bond anticipation notes . The debt af the Waterworks Utility and its obligation to pay thereunder shall likewise be proportionately reduced 20� by the receipt of any such funds from the sale of any � property hereunder. � 4. Restrietive Cavenant Re : Well-field Prateetian : The property , upon wk�ich this restrietive eovenant is imposed , is legally described in Exhibit ��B�� t attaehed hereto and incorporated AGREEMENT AS TO RIGHTS AND DUTIES RE: MAPLEWOOD GOLF COURSE PROPERTY PAGE 2 �, .. . , �, , . , _ , , by reference as if fully set forth . All of this property has imposed upon it a restriction on development , use and maintenance that would prohibit any development or use that would endanger, unreasonably , the well-field proteetion area composed of the Maplewood Golf Course proper and all low lands associated therewith . No use will be permitted whieh will permit the unreasonable escapement of pollutants or cont�minants , or which will unreasonably c� � endanger the well-field. � Any use of this ro ert must be a O P A Y pproved b.y the City of � Renton, under City, DSHS, DOE and other applicable government�.l O .D � regulations and standards . 5 . Well Easements : An easement is granted to the City of Renton Waterworks Utility to drill wells , to maintain wells , well-houses , the accoutrements , couplings , pipes , transmission lines , pumps and other necessary portions of a production water well . This easement is granted across the entirety of the property described in Exhibit "B'� . The W�terworks 1Jtility agrees that it shall locate its wells , pumps , pump houses , lines and other accoutrements in such a fashion 3s to not interfere with the continued use of this property as a golf course , as presently constituted, or as redesigned. The Waterworks Utility agrees that it will utilize , wherever practicable , all means of drilling construetion and maintenance sufficient to minimize conflict between the use of the property as wells and wells sites , and the use as a golf course . To the extent possible , so .�s to not interfere with the use as a golf course , the Waterworks Utility will include its above ground equipment and structures in those areas not AGREEMENT A� TO RIGHTS AND DUT.IES RE: MAPLEWOOD GOLF COURSF PROPERTY PAGE 3 t� • . • � . . e . .. . �' � . . , r . ' , , specifically used for golf course play , and where practicable , when the area is necessary for golf course play , will install its necessary structures and equipment in such � manner as to avoid interference with the golf course if sueh installations would not result in extraordinary expenditures . The Waterworks Utility also agrees , after installation, construction , maintenanee or repair of any of its utility equipmsnt or structures to return the golf course � property to the condition it was found in prior to such activities. O6 . Utility Easements : The Waterworks Utility is granted an — � easement across all of the property described in Exhibit "B" for the O `� purpose of installing extending, improving, repairing and � maintaining water, sewage and drainage utilities . To the greatest extent possible , the Waterworks Utility will establish easement corridors that will not interfere with the use of the property as a golf course . To the extent possible , the Waterworks Utility will agree to locate utilities along roads or other natural passage ways . When it is necessary to construct utility lines , pipes or other utility equipment , the Waterworks Utility agrees to do so in the manner that will practically interfere with the use of the golf course as little as possible . The Waterworks Utility also agrees , after installation , construction , maintenance or repair of any of its utility equipment or structures to return the golf course property to the condition it was found in prior to sueh activities. DATED: November /� , 1985. ATTEST: � ��-ca� Maxine E. Motor, City Clerk I \ ' AGREEMENT AS TO RIGHTS AND DUTIES RE: MAPLEWOOD GOLF COURSE PROPERTY PAGE 4 , - . ' .• , . . . � ', � � . . ' . � � � • ; • . APPROVFD BY THE MAYOR this ��day of � — 1985. •�'ol, C-V�- Barbara . Shinpoch , Mayor $Y ��.�,� President " The Renton Park Board B Y �a-�-*� � � ty of Renton ''� O Wat�rworks Utility I O � O �D �C} AGREEMENT AS TO RIGHTS AND DliTIES RE : MAPLEWOOD GOLF COURSE PROPERTY I PAGE 5 , , : . , ., . . . . . . - . . - STA'PE OF WASHINGTON ) ss. Caunty of KING ) � � On th�. ff day of ��t�t�`�� 1985, before me personally appeared ��,�� , � � �� wha executed the foregaing instrument, and acknowle�ed said instru ` nt to be ti�e free and voluntary act and deed of said person(s) for the uses and purpases thereir� mentianed, IN WITN�SS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abave written. 9 ' {Y"� �-f'/.!�j -� � � �'r"a Natary Public in an far the ta e of '� Washingtan, residing at Renton O 0 � 0 � STATE OF WASHTNGTQN ) ss. County of KING ) On this ,�f, �y day of ti��u�c`�'�li3t2 19$5, befare m�.persanaily appeared y��lct✓,�,�t� C. Nc�r.c�rtTnFJ who executed the �ore};oin� instrument, and acknowledged said instrumer►t to be Che free and voluntary acC ar�d deed of said person(s) for the uses and purposes therein mentioned. IN WITNESS WHCItEOF, I have hereunto set my hand and affixed my official seal the day and year firsC above written. ��.��.� ��- C,�� Natary Public in and for ihe State of WashicYgton, residing at R�n �'�yT � � � I . , , , , �. . . • ' , � � . ' � , ' " ' � '� EXHISTT "A" Portions for Sale Portians of the North half of Southeast quarter af the southeast quarter of Section 16, Twp. 23 North, Range 5 East, W.M. , King County, Washington. Farcei II Portions of the Nartheast quarter of the Northeast quarter of the Narthwest quarter of Section 22, Township 23 North, Range 5 East, W.M. , King Gounty , Washington, less roads. c�"> c�"'i �`` O � t7 � � .dJ ca0 I � I � i � ' � , � , . � , . , . � . � � EXHIBIT "B" � MAP�EWOOD t�OLF b COUNTRY CLUB ' LEGA� DESGRIPTI4N PAE?�..1.: ihe southwest quarfier of the southwest quarter af the southwest quarter af Section 15, Tawnship 2� North, Range 5 Easfi, W.M., in King Caunty, Washington. Excepi- that porfiton lying wlthin the followt�g described tract: Gommencing a# the northwest corner of Sectton 22, 7ownsaip 23 Nor#h, Range 5 east, W.M., in King County, Washington; thence south 87 59�20" east 147 feet to the� polnt of beginning; thence north 27°37'S0" east 72.02 feet; thence south 57 47� 10" easfi 12.9.38 feet; thence south 27°37�50" west 136. 17 feet; thence norfih 57°47� 10" wesfi 1 (8 feet, more or less, to the cente�line of existing creek; thence northeriy along the centerline af said creek 85 feet, more or less, to a poin� which bears north 57°47� 10" wes# from the point of beginning; 1-hence south 57 47i10" east 23 feet, more or less, to the polnt of beginning, PARCEL B: That portion of Gavernment Lot 6, Section 16, Tawnship 23 north, range 5 east, � W.M., in King County, Washingfion, lying northeasterly af the northeasfie�ly iine �,,.� of the plat of Maplewood Division No. 2, according to the piat recorded in � Volume 39 of Plats, Page 39, in King Caunty, Washington, as extended ncrrthwes- O terty across fihe r€ght-of-way of the De�ense Planfi Corporatlon as 3ndicated by � dotted 11nes on the plat of Maplewood Div. No. 2, and southeasterly of #he �-� narthwesterly line at Defense Plat Corporatlon right-of-way; ALSQ O `fl The southeast quarter of the southeast quarter of Section 16, Tawnship 23 � Narth, Range 5 East, W.M., in Ki�g County, Washington; Except fihat portic,n platted as Maplewood Div. No. 2, according to the plat recorded in Volume 39 of Piafis, Page 39, fin King County, Washingtan. PAR �EL G: That port3on of Gavernment Lot ! , Sectton 2! , Tawnship 23 North, Range 5 East, W.M. in King County, Washington, lying northerly of State Highway No. 5; Except that portian platted as Maplewood Oiv. No. 2, according fio the plat recorded in Valume 39 of Piats, Page 39, 1n King Caunty, Washfngton. PAR rEL D; I That pari-ion af -�he northwest quarter of the northwest quarter and of I Government Lat 10 in Sectian 22, Townshlp 23 Narth, Range 5 Easfi, W,M., In King Counfiy, Washington lying nartherly of State Highway No. 5 and lying northerly � of the Pacific Coast Caal Rail�oad right-of-way; I � . . . . . . . . i . , � � EXH I 61 fi rrgr� � MAPLEWOOD GOLF 8 COUFiTRY C�UB LEGAL DESCRlPT(4N Page 7wo Together with that portion of County Road No. t140, vacated by arder entered Octaber 16, 1939 in Volume 38 of Commissioner�s Records, page 6; Except that partion thereof described as foilows: Commenctng at the rtorthwest carner af Section 22, TownshEp 23 north, �ange 5 east, W.M., 1n Ktng Gounty, Washingtan; thence 5outh 87�59�20" east 147 feet to -tho potn-t of beginning; thence north 27°37�50" east 72,02 fee-t; thence south 57 47� 10" east 129.38 feet; thence south 27°37�50" west 136. 1? feet; thence north 57°47� 10" west 118 feet, more or less, to the centerline of existing creek; thence northerty a(ang the centerline of said creek 85 feet, more or fess to a point which bears north 57°47� 10" west fram the point of beginning; thence south 57°47� l0" east 23 feet, more or less, fio the paint c�f beginning. �BB�F.l....E.: Government Lat 6 of Sectton 22, 7awnship 23 no�fih, range 5 east, W.M., In King � County, Washington; �: Except that portion thereof described as follows: a � Beginning a# the north quarter ct�rner of said section; thence south i°08�2i" �-} west aEonc� the north and south centerline of said Sec#ton 34.00 feet; thence C� nar-th 87 59'2Q"' wes-t 15Q.5! feet ta the beglnning af a curve #o the rtght with � a radius ofo330.00 feet; thence westerly along sald curve through a central angle of 24 37� 12" an arc d�stance of 141 .80 feet to tntersect the north line of sectfan; thence south 87 59�20" east 287.53 feet to the potnt af beginning. PAR��L F: Sou#h haffi of the south half of the northwest quarter afi the southwest quarte� o# the southwest quarter of Sectian 15, Township 23 North, Raage 5 Eas-t, W.M., in Ktng County, Washingi-on. SUBJECT T0: 1 . Righfis clatmed under deeds recorded under King County Recording Nos. 3413714 and 4b60; � 2. Easements reco�ds under King County Recording Nos. 1971852, 3332l14t 4427279� 442728lr 5743T90t 52757l7� 5155315, 59l3518, 7609(730618, 770303Q695, 73051Q047l , 7703Q30696 and 78Q9071072 and 7809071068; stab ished b roceedin s in Kin Counfi 3. Easemen-Fs e I y p g 9 Y Superiar Caurfi Case Nos. 486t90, 499210 ai►d 74$� 4. Reserva#ions contained in instrumen# recorded under I King County Recording No. 241250. � I � Y . • � + • � • ♦ • . •� ` p, * � w � - • . � � • . � EXHIBIT "B" MAPLEWOOD GOLF 8 COUNTRY CLUB LE6AL DESCRIPTION Page Three 5. Questions that may arise due to the shitting or change in the course of the Cedar River or the unnamed creek on the premises, or right of the State of Washington in and to that portion of the premises, if any, lying in the old and new beds of the Cedar River; 6. Agreement recorded under K(ng County Recording No. 7502140608. �, c=, 9 �``-' �� . .�,,, i / �`•, ��',�:��"� t,,� '�� ` � c'"1 � ' ,.. � •y ;' O � ' �� - :� . ,� % � cQ O '`_ _ ✓ � I.f7 'y -c. � �,� aD cA .