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HomeMy WebLinkAboutCAG1984-0978 - Original - Washington State Parks & Recreation Commission - 516 Pond Property - 12/27/1984 fiD p F C 0 '1984 CITY OF KENT - lb POND PROPERTY (,i-('"y OF fhENT WASHINGTON STATE Cnl CLERK PARKS AND RECREATION COMMISSON INTERAGENCY AGREEMENT WHEREAS, the Washington State Parks and Recreation Commission, herein- after referred to as the Commission, is the owner of certain undeveloped land within the City of Kent; and, WHEREAS, the City of Kent's Parks and Recreation Department, herein- after referred to as the City, desires to use said undeveloped land for recreational facilities; and, WHEREAS, the Commission recognizes that the City has the authority and capability for administering this land for public recreational use; and, WHEREAS, said land is highly adaptable to development as an urban outdoor recreational site; and, WHEREAS, the Commission desires to provide for the development and operation of urban park facilities consistent with the intent of RCW 43.51 .380 and 385 RCW 43.51 .040(8); NOW THEREFORE, for and in consideration of the mutual covenants contained herein and the public recreation benefits to be derived, the Commission hereby grants to the City permission to develop and use, for urban recreational park purposes only, the following described real property, situated in the City of Kent, State of Washington; and containing 5.7 acres, as shown on Exhibit "A" attached hereto and by this reference made a part hereof. This agreement is subject to the following covenants, terms and conditions: 1 . The term of this agreement shall be for 40 years commencing on the date last below written. This agreement may be renewed for any period not in excess of 40 years upon expiration of the original 40-year term by mutual agreement of the parties. The City will first be given the right to renew this agreement before any other party is given the opportunity to operate the subject property under agreement with the Commission. 2. This agreement is only a permit to allow the City to use the above described property for the purposes and on the terms and conditions herein stated. No legal or equitable title is conveyed to the City hereby. Title to the subject property shall remain in the Commission throughout the term of this agreement or any renewal thereof. -Z- 3. All costs Involved with the acquisition of the subject property shall be borne by the Commission. 4. The City shall prepare development and management plans for the improvement and use of the subject property. These plans shall be approved by the Director before any development is implemented. When approved by the Director, a copy of said plans shall be appended to and become a part of this agreement. 5. The City, through its Parks Department, as administrator under this agreement, shall be responsible for all planning, development, operation and maintenance of the subject property, together with all costs associated therewith. 6. The subject property is to be developed and operated as a recreation site consistent with the provisions of RCW 43.51 and all applicable Interagency Committee for Outdoor Recreation and federal funding rules and requirements. 7. While administering the subject property under this agreement, the City shall be In possession of all necessary permits and licenses and shall carry out all development, maintenance and operation according to all applicable codes and regulations, including those of SEPA under which, by entering into this agreement, the City assumes lead agency status for this project. 8. The name of the recreation site developed hereunder shall be chosen by the City, subject to the approval of the Commission. The City shall erect and maintain a sign giving public acknowledgment to all public agencies, private organizations and individuals participating in funding, acquisition or development of the park. 9. On or before the first day of each calendar year, the City shall file a report with the Director, Washington State Parks and Recreation Commission, 7150 Cleanwater Lane KY-11 , Olympia, WA 98504, to verify compliance with the use and development plan. The report shall include an account of all income, expenses, development accomplishment, park operation schedules and third party contracts or agreements entered into during the preceding year. The plan may be amended based on mutual agreement. J , 10. The City shall defend and hold harmless the Commission and the state of Washington, its officers, agents, employees, successors or assigns against any and all claims suffered or alleged to be suffered on the property, except such claims which arise out of the activities of the Commission, its officers, agents or employees, for which claims the Commission will defend and hold the City harmless. il . Upon termination or expiration of this agreement, all improvements placed on the subject property under this agreement shall be disposed of as follows: a. All permanent structures and buildings including appurtenant utility services shall become the property of the Commission, at its option. Any such improvements not accepted by the Commission shall be identified in writing by the Commission within 30 days after termination or expiration of this agree- ment, and shall be removed from the site by the City within 120 days of termination or expiration of this agreement. b. All other improvements shall remain the property of the City.The City shall notify the Commission in writing within 30 days after termination or expiration of this agreement, which, If any, of these improvements and materials the City plans to remove from the property. Upon receipt of said written notice, the Commission shall then have 30 days to notify the City in writing which, If any, of the remaining Improvements it will accept. The City shall then remove all non-accepted improvements within 60 days of receipt of said written notice. Improvements accepted by the Commission shall become the property of the state. c. In removing any improvements or materials, the City shall restore the property as nearly as practicable to its natural condition. if improvements or materials are not removed and the property restored as provided for herein, in a reasonable time period acceptable to the Commission, the Commission, following written notice to City, may accomplish the work and charge the costs to the City. -4- 12. This agreement shall automatically terminate If the City uses the property for anything other than the public urban park recreational purposes detailed in the approved development and management plans. 13. This agreement may be terminated at any time by mutual written consent of the parties hereto. 14. Except as otherwise provided for herein, this agreement may be termin- ated by the Commission in the event of non-compliance by the City with the terms and conditions hereof, providing that the Commission allow the City 90 days after written notice of violation in which to correct any situation which is not in compliance with the terms and conditions of this agreement. If correction is not made to the satisfaction of the Commission within the 90 days, this agreement will automatically terminate without further notice. 15. Any tree removal shall be in accordance with Commission rules and regulations. 16. Any income resulting from the use of this park shall be used only for the development and operation of this site in accordance with the approved development and management plans. — 17. The provisions of this agreement may be modified at any time by the mutual consent of the parties hereto. 18. The City may not assign any of Its rights under this agreement without the prior written consent of the Commission. DATED this 42— day of - - , 198:e. CITY OF KENT WASHIINGTON STATE PARKS AND RECikEAT I ON COMM i SS I ON By o By J n Tveten, Director APPROVED AS TO FORM: KEN 0. EIKENBERRY Attorney Generall, ByJamehn�Jhativ�ay 7��7'f Assistant Attorney General �Jcrr� ��ornns 71 -5- b(HIBIT npn The land referred to is situate in the state of Washington, County of King and described as follows: PARCEL A• The East 42.80 feet of the West 72.80 feet of Government Lot 13 in the SW 1/4 of Section 23, Township 22 North, !Range 4 East, W.M., lying south of Secondary State Highway No. 5A; EXCEPT the South 428.51 feet thereof; AND EXCEPT that portion thereof lying within SR '516 ,as condemned by King County Superior Court Cause No. 749547. PARCEL B• That portion of Government Lot 13, Section 23, Township 22 North, Range 4 East, W.M., described as follows: Beginning at the southwest corner of said Government Lot 13; thence N 87°141 E 72.80 feet; thence N 2°461 W 430 feet, more or less, to the southwest corner of a tract conveyed to Andrew G. Matelich and Ruth E. Matelich, by deed recorded under Recording No. 4660031 and the True Point of Beginning; thence N 87*141 east along the south line of said tract 460.48 feet, more or less, to the westerly line of County Road No. '76; thence northerly along said westerly line to the southerly line of Secondary State Highway No. 5A as condemned under King County Superior Court Cause No. 507854 and conveyed to the state of Washington by deed recorded under Recording No. 4828431; thence westerly along the southerly line of said highway to the easterly line of the west 72.80 feet; thence southerly along said easterly fine to the True Point of Beginning; EXCEPT that portion condemned for highways by King County Superior Court Cause No. 749547. PARCEL Co ' Beginning at a point on the centerline of the east end of a straight portion of concrete bridge on County Road No. 317 across White River also known as Green River, said bridge being located in the NW 1/4 SW 1/4 of Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington; thence S 85*451 west along the center of said brigs to a point at the west end of straight portion ofthe bridge; thence S 531351 W 63.98 feet; thence S 68*481 W 100 feet; thence S 60*371 W 100 feet; thence S 55°4$1 W 100 feet; thence S 2*461 E 569 feet to True Point of Beginning; thence S 20461 E 428.51 feet, more or less, to the south line of McDonald property; thence N 87*141 E 504.66 feet along said south line; thence N 36057145/1 E 303.66 feet to the west line of County Road No. 76; thence northwesterly 230 feet, more or less, along said west fine of County Road No. 76 to a point N 87*141 E 460.48 feet from the True Point of Beginning; thence S 870141 W 460.43 feet to the True Point of Beginning; EXCEPT any portion thereof which Iles within SR 516 as condemned by King County Superior Court Cause No. 749547.