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HomeMy WebLinkAboutD 9201090733 - FILEWR REC)RD AT REQUEST OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. DEED OF RIGHT TO USE LAND FOR RENTON, WA 98055 PUBLIC RECREATION PURPOSES The Grantor, City of Renton for and in consideration of monies coming in whole or in part from the Outdoor Recreation Account of the General Fund of the State of Washington and in fulfillment of terms of the Project Contract identified below, conveys and grants to the State of Washington individually and as the representative of all the people of the State, the right to use the real property described below forever for the outdoor recreation purposes described in the Project Contract entered into between the Grantor and the State of Washington through the Interagency Committee for Outdoor Recreation entitled May Creek Acquisition Project Number 91-259A signed by the Grantor on the 15th, day of October. 1990 and by the Interagency Committee on the 17th day of September. 1990 and the application and supporting materials which are on file with the Grantor and the state in connection with the Project Contract. The Grantor will not make or permit to be made any use of the real property described in this deed, or any part of it, which is inconsistent with the right to use crsfor public outdoor recreation herein granted unless the state, through the C,.-; Interagency Committee for Outdoor Recreation or its successors, consents to the inconsistent use, which consent shall be granted only upon conditions which will ensure that other outdoor recreation land of at least equal fair market value at the © time of change of use and or as nearly as feasible equivalent usefulness and location for the public recreation purposes for which state assistance was originally granted will be substituted in the manner provided in RCW 43.99.100 for Q; marine recreation land, whether or not the real property covered by this deed is marine recreation land. RCW 43.99.100 reads as follows: "Marine recreation land with respect to which money has been expended under RCW 43.99.08 shall not, without the approval of the committee, be converted to uses other than those for which such expenditure was originally approved. The committee shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location." The real property covered by this deed is described as follows: The land referred to in the Deed of Right to use land for Public Recreation Purposes is situated in the County of King, State of Washington, and described as follows: Tracts 379, 381 and 392, C. D. Hillman's Lake Washington Garden of Eden Division Number 6, according to the plat thereof recorded in Volume II of Plats, page 84, in King County, Washington. The north 1,132 feet to the east 161.28 feet of the northwest quarter of the northwest quarter and the north 1,132 feet of the west 208.72 feet of the northeast quarter of the northwest quarter, all in Section 4, Township 23 North, Range 5 East, W.M., in King EXCEPT county roads. M1 EXCISE TAX NOT REQUIRED co. Records Division --- (' . By ���'�� , Deputy Page 2 of 2 This deed shall in no way modify or extinguish the functions of the Grantor under the Project Contract, including the Grantor's functions to operate and maintain the land as set out in paragraph 14 of the Project Contract. Dated thi day of ' 19 ft r, Title Mayor V3 ATTEST: 1,04,City Clerk � 11/ STATE OF WASHINGTON ) : SS N-- COUNTY OF044 ) THIS IS TO CERTIFY that on this 0 day of �O un�, 19 , before me the undersigned Notary Public in and for the State of WasM'ngton, duly commissioned and sworn, personally appeared Earl Clymer to be personally Cv known to be the Mayor , of the City of Renton that executed the foregoing deed and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said individuals and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said City of Renton . WITNESS my hand and official seal the day and year in this certificate first above written • 1, 4 . ✓ d L>49-rte._ Notary Pu in and for the State of Washingt: , residing at King County, Renton 92-016 • City of Renton PARKS AND RECREATION MEMORANDUM DATE: January 7, 1992 TO: Marilyn Petersen, City Clerk FROM: Leslie Betlach, Open Space Coordinator) SUBJECT: Deed of Right to Use Land for Public Recreation Purposes May Creek Open Space Bond Issue Project Enclosed is the amended (typed) Deed for signatures. I would appreciate a copy of the signed deed prior to submittal to the County for recording. Once the City receives the recorded deed I would like a copy for my files and also for submittal to the I.A.C. I am sorry for your inconvenience in getting the signatures once again. Please call me at x5549 if you have any questions. Enclosures 92-017 .,4,1 ,) - `..a.,..,41‹, CITY O_ RON Office oIt thy, " Earl Clymer, Mayor Lawrence J. arr MEMO � "' a 1991 TO: Leslie Betlach, Open Space Coordin or iz` - CR FROM: Dan Kellogg, Assistant City Attor e �no►y DATE: October 7, 1991 RE: Deed of Right to Use Land for Public Recreation Purposes May Creek Open Space Bond Issue Project I have reviewed your proposed Deed of Right to Use Land for Public Recreation Purposes. I have not seen your Project Contract with the State of Washington, nor am I familiar with the restrictions and constraints imposed by the grants which you have used for funding this acquisition. But I am assuming that this conveyance in favor of the State of Washington is required by the terms of these commitments. If that is true, then the deed is approved as. _ to its legal form for execution by the Mayor and City Clerk on behalf of the City. It might be possible to accomplish the same purposes through a restrictive covenant. The deed appears to be nothing more than a restriction upon the future use of the land which limits its use to recreation purposes. This could be more clearly effectuated by means of a covenant against the title which could restrict the use and transfer of the property in accordance with the agencies' requirements. However, I suspect that the agency is insistent upon the receipt of this form. Post Office Box 626 - 100 S 2nd Street-Renton, Washington 98057- (206) 255-8678