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HomeMy WebLinkAboutPW08-283 - Original - King County Flood Control Zone District - Meyers Golf and Narita Levees Grant of Easements - 05/13/2008 r r After Recording Return To: 22 Property Management ►ciN0�8051 City of Kent 05�13j2 OF eis EAS30�1810 220 Fourth Avenue KING COUNTYI WA2 0.Oe Kent, Washington 98032 --- --___ GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Grantor: City of Kent, a Washington municipal corporation Grantee: King County Flood Control Zone District, a Washington quasi-municipal corporation Legal Description: Abbreviated Form: Ptn. Gov. Lots 3, 4, and 5; 23-22-4E Additional Legal Description on: Exhibits A and B of document Assessor's Property Tax Parcel Account Number(s): 2322049010-02; 2322049011-01 Project Name: Meyers Golf and Narita Levees EXCISE T6X NOT REQjJMM C . rds EY Deputy GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page Iof19 GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT FOR MEYERS GOLF AND NARITA LEVEES THIS GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT ("Agreement") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ("Grantor"), and the KING COUNTY FLOOD CONTROL ZONE DISTRICT ("Grantee"), a Washington quasi-municipal corporation duly organized under Chapter 86.15 of the Revised Code of Washington, with reference to the following facts: RECITALS A. The purpose of this Agreement is to establish the terms for conveyance to Grantee of perpetual and temporary easement interests in 19.98 acres of certain real property owned by Grantor, more particularly described in Exhibit A and Exhibit B hereto, and as shown approximately on Exhibit C. B. Grantee seeks the easements for the purpose of effecting repairs, restoration, inspection, and maintenance of the Meyers Golf and Narita Levees (Work) on property owned by the Grantor. C. To accomplish the Work, it is necessary for Grantee to acquire perpetual easement interests to establish the new slopes for the levee and to inspect and maintain the levee, and temporary interests for use during construction. D. The easement rights will encroach upon two tax parcels of Grantor's property used as part of the Riverbend Golf Course Complex (Golf Course), owned and operated by Grantor's Department of Parks, Recreation, and Community Services as an Enterprise Fund facility. The Riverbend Golf Course is the most played public course in the Pacific Northwest and is a significant recreational resource for the City of Kent and the region. It is of critical importance to Grantor that the conveyance of property interests and the work do no irreparable physical or fiscal harm to the Golf Course. E. The Golf Course has not been appraised under either a replacement value or fair market value (as zoned commercial) theory. The two referenced tax parcels consist of 149.72 acres with a King County tax assessed value of Nine Million Four Hundred and Forty-Three Thousand One Hundred Dollars ($9,443,100.00) (rounded) as improved, also expressed as Sixty Three Thousand Dollars ($63,000.00) (rounded) per acre or GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 2of19 approximately One Million Two Hundred Sixty Thousand Dollars ($1,260,000.00) for the perpetual easement conveyed. F. During the construction phase of the Work, Grantor's eighteen hole Golf Course will be significantly damaged, such impacts to be partially mitigated by the temporary operation as a nine-hole Golf Course. G. After partial completion of the Work, Grantor will be able to reconfigure its Golf Course to eighteen holes at a cost of approximately One Million Nine Hundred Twenty-Eight Thousand Eight Hundred Dollars ($1,928,800.00) as detailed by the architect's estimate, Exhibit D. H. Damages to the remainder during the Work when the Golf Course will operate with nine holes cannot be specifically ascertained in advance, but such damages are estimated as shown on Exhibit E, which exhibit also illustrates the methodology for calculating lost revenues based on historic performance. Based upon the Foregoing, the Parties Hereby Enter into the Following: AGREEMENT 1. All of the foregoing Recitals are hereby ratified. 2. The Parties hereto enter into this Agreement under the authority conferred by Chapter 86.15 RCW, which provides for the voluntary acquisition of municipal properties by flood control zone districts. 3. Grantor, in consideration of mutual benefits and other consideration, hereinafter described, hereby grants and conveys to the Grantee the following easements for the purposes set forth herein, under, over and upon the real property described in Exhibits A and Exhibit B attached hereto and situate in King County, Washington: a. Flood Protection Levee Easements. A perpetual right and easement in favor of Grantee in the land described in Exhibit A to construct, maintain, repair, operate, and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the Grantor its heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public and private utilities, railroads, and pipelines, together with an additional fifteen (15) feet contiguous to and upland of the levee, as constructed, for purposes of maintenance, repair, patrol and inspection; reserving, however, to Grantors, GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 3of19 their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights of the additional fifteen (15) feet contiguous to and upland of easement hereby acquired. b. Temporary Work Area Easements. Temporary and assignable rights in favor of the Grantee, in, on, over, and across the land described in Exhibit B for a period not to exceed two (2) years from the date of execution of this Agreement, for the purpose of a work area, including the right to borrow and/or deposit fill material thereon, move, store, and remove equipment and supplies, erect and remove temporary structures on the land, and to perform any other work necessary and incident to the construction of a Flood Protection Levee, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other obstructions, structures, or obstacles within the limits of the Temporary Work Easement; reserving, however, to the Grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights of the easement hereby acquired. 4. If in the use of the easements granted above, the Grantee causes damages to other property of the Grantor or causes damage to the easement areas as a result of activity that is not permitted by the easements, Grantee shall repair replace and restore such damages at Grantee's sole expense. 5. The Parties agree that the Golf Course is most closely analogous to an irreplaceable special use facility and that consideration for conveyance of the perpetual and temporary easements and damages will be the actual cost of restoration and the actual operation losses during the period of construction. 6. Therefore, Grantee shall reimburse Grantor for the reasonable, actual costs of reconfiguration and reconstruction in accord with the following procedure: a. Grantor shall submit the contract plans and specifications for Grantee's approval, such approval not to be unreasonably delayed or withheld. b. Grantee shall reimburse Grantor for the total project cost of the reconfiguration and restoration which shall include design, contract construction cost, sales tax, legal costs, permit fees, utility restoration costs and inspection costs. Reimbursement shall include contract costs due to changes and amendments, provided that Grantee is given written notice of any such change or amendment in excess of ten thousand dollars ($10,000.00) and the opportunity to comment on and provide input to any GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 4 of 19 changes, amendments, or resolution of any claims related to any contracts associated with the restoration project. Grantee shall provide its comments and input within five (5) business days of submittal by Grantor. It is understood and agreed that any verified claims for damages for delay and associated costs resulting solely from this comment and input process shall be reimbursable expenses. In the event of a dispute between the parties over the matters addressed in this subparagraph, 6.b., the provisions of paragraph 12 shall apply. C. Costs incurred prior to the execution of this Agreement shall by reimbursed in the initial payment. d. Payment shall be made to Grantor, at its sole option, either monthly or bi-monthly within thirty (30) days of receipt by Grantee of properly documented invoices. e. Grantee reserves the right to an independent audit of the invoices and supporting materials. 7. Grantor agrees to mitigate further damages to the remainder by operating as a nine hole Golf Course for the period necessary to reconfigure to eighteen holes, with the understanding that the timing of the reconfiguration is dependent upon Grantee's construction schedule for the levee Work. 8. Grantee agrees that compensation for lost revenue during the period of reduced operation is analogous to market rent for the period of possession and use during construction and shall reimburse Grantor for actual losses_ Such costs shall be billed to Grantee monthly with payment due within thirty (30) days. Grantor shall provide to Grantee on its billings total revenue figures for monthly periods when operation is reduced due to the Work and/or Golf Course reconfiguration and associated construction. Actual losses will be calculated as the difference between total actual revenue and projected average total revenue for each monthly period as estimated on Exhibit E. Grantee agrees with and accepts the methodology for determining lost revenues and reserves the right to an independent audit of the invoices and supporting materials. 9. Each party agrees to indemnify and hold harmless the other for its own negligence for activities carried out under this Agreement. 10. Solely for the purpose of enforcing the indemnification provision above, each party expressly waives its immunity under Title 51 of the Revised Code of Washington; provided, that such waiver shall not preclude the GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 5 of 19 indemnifying party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 11. Each party recognizes that the other is self-insured and accepts such coverage for liability arising under this agreement. Should Grantee choose not to self-insure, Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000.00) and provide Grantor with a Certificate of Insurance and additional insured endorsement that will name Grantor and its successors and assigns as Additional Insureds. 12. The parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements, submittal of all relevant information to an independent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the parties, for a non- binding opinion as to responsibility. b. If the foregoing does not result in resolution and for all other disputes, the parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County at the Regional Justice Center in Kent, Washington. C. Each party shall be responsible for its own costs and attorneys fees. 13. This Agreement represents a full recitation of the rights and responsibilities of the parties and may be modified only in writing and upon the consent of both parties. 14. This Agreement shall be effective upon the date of full execution at which date the payment set forth in Paragraph 6 shall be due and owing. 15. The rights, conditions, covenants, and provisions contained in this Easement Agreement shall inure to the benefit of and are binding on the parties hereto and their respective successors and assigns and shall run with the land. 16. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 6 of 19 the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address stated below or such other address as may be hereafter specified in writing: If to Grantor: If to Grantee: Jeff Watling, Director Theresa Jennings, Director City of Kent Parks, Recreation, King County, DNRP And Community Services 201 South Jackson St. 220 - 4th Avenue South Suite 700 Kent, WA 98032 Seattle, WA 98104-3855 17. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. GRANTOR: GRANTEE: CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT B9Vl� y: �'1-4 4 u e Cooke, Mayor By: Theresa Jennings, C rector King County Dept. of Natural Resources and Parks on behalf of the King County Flood Control Zone District Acting pursuant to Resolution No. of said Grantee APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Assistant City rney Counsel for King County Flood City of Kent Control Zone District Notary Acknowledgements Appear on Following Page GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 7of19 the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address stated below or such other address as may be hereafter specified in writing: If to Grantor: If to Grantee: Jeff Watling, Director Theresa Jennings, Director City of Kent Parks, Recreation, King County, DNRP And Community Services 201 South Jackson St. 220 - 4tn Avenue South Suite 700 Kent, WA 98032 Seattle, WA 98104-3855 17. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. GRANTOR: GRANTEE: CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: Suzette Cooke, Mayor By: Theresa Jennings, Director King County Dept. of Natural Resources and Parks on behalf of the King County Flood Control Zone District Acting pursuant to Resolution No. of said Grantee APPROVED AS TO FORM: APPROVED AS TO FORM: 1411 By: By: Assistant City Attorney C unsel or King C my Flood City of Kent Control Zone Dist ct Notary Acknowledgements Appear on Following Page GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 7of19 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- `��JtK��1� �SS WHEREOF, I have hereunto set my hand and official seal the 6�M� � ,t above written ,// �N % Z i i Ilk "us� �,; o= NOTARY PUBLIC, in and for to t to 3.08"�, �D_= of Washington, residing at \ '/1,,14$1,OF"WP`'����� My appointment expires 1 ljjll STATE OF WASHINGTON ) ss. COUNTY OF KING ) hereby certify that I know or have satisfactory evidence that -�,',3 1"5 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the King County Flood Control Zone District as -its' fV and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. D E e0� -Notary Seal Must Appear Within This Box- ��� EREOF, I have hereunto set my hand and official seal th. a vid0�r�eAY t move written. �E►�E NOTARY PUBLIC, in and for the State -41,f, WA8 ��� of Washington, residing at My appointment expires GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 8of19 Exhibit A Permanent Easement Area A permanent easement over all those portions of Government Lot 3, Section 22, Township 22 North, Range 4 East, W.M. and Government Lots 1, 2, 3, 4 and 5 of Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88059'28"E 2634.43 feet distant; thence N89005'24"W, along the north line of the northwest quarter of said Section 23, a distance of 925.47 feet to the west margin of Russell Road (also known as John Downey Road Number 722 and also known as 54th Place South); and the TRUE POINT OF BEGINNING of the herein described tract: thence continuing N89005'24"W, along the north line of said northwest quarter 38.23 feet, more or less, to the line of ordinary high water on the east bank of the Green River (also known as the White River); thence generally southwesterly along the line of ordinary high water to its intersection with the north margin of Meeker Street (also known as Kent Des Moines Road and also known as George W. Peck Road Extension Number 1070); the ordinary high water mark being approximately described as follows: thence S24011'00"E 1.83 feet; thence S11040'00"E 89.00 feet; thence S11019'00"W 41.00 feet; thence S02025'00"E 55.00 feet; thence S08000'00"W 57.00 feet; thence S17018'00"W 62.00 feet; thence S23022'00"W 43.00 feet; thence S43059'00"W 20.00 feet; thence S29023'00"W 44.00 feet; thence S37023'00"W 76.00 feet; thence S45057'00"W 42.00 feet; thence S50008'00"W 53.00 feet; thence S46019'00"W 32.00 feet; thence S54021'00"W 70.00 feet; thence S62042'00"W 66.00 feet; thence S65004'00"W 63.00 feet; thence S71005'00"W 65.00 feet; thence S87053'00"W 48.00 feet; thence N89042'00"W 75.00 feet; thence N75009'00"W 31.00 feet; thence N69026'00"W 111.00 feet; thence N63003'00"W 64.00 feet; thence N66057'00"W 105.00 feet; thence N65022'00"W 88.00 feet; thence N78059'00"W 95.00 feet; thence N88032'00"W 78.00 feet; thence S86030'00"W 57.00 feet; thence N84024'00"W 38.00 feet; thence S83038'00"W 47.00 feet; thence N83033'00"W 40.00 feet; thence N89025'00"W 48.00 feet; thence S84014'00"W 112.00 feet; thence S84005'00"W 59.00 feet; thence S76026'00"W 44.00 feet; thence S68046'00"W 94.00 feet; thence S55042'00"W 28.00 feet; thence S49056'00"W 101.00 feet; thence S42027'00"W 45.00 feet; thence S28026'00"W 45.00 feet; thence S37058'00"W 50.00 feet; thence Exhibit A - Legal Description for Permanent Easement Area GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 9 of 19 S27017'00"W 50.00 feet; thence S02058'00"W 24.00 feet; thence S31013'00"W 63.00 feet; thence S30030'00"W 61.00 feet; thence S24052'00"W 72.00 feet; thence S20000'00"W 42.00 feet; thence S12021'00"W 49.00 feet; thence S03045'00"W 36.00 feet; thence S07002'00"E 69.00 feet; thence S15016'00"E 66.00 feet; thence S27021'00"E 55.00 feet; thence S37019'00"E 71.00 feet; thence S42021'00"E 57.00 feet; thence S47020'00"E 64.00 feet; thence S52007'00"E 52.00 feet; thence S55009'00"E 104.00 feet; thence S50013'00"E 56.00 feet; thence S51034'00"E 102.00 feet; thence S48019'00"E 106.00 feet; thence S52006'00"E 54.00 feet; thence S43038'00"E 81.00 feet; thence S51057'00"E 106.00 feet; thence S46025'00"E 57.00 feet; thence S45051'00"E 54.00 feet; thence S29048'00"E 42.00 feet; thence S30026'00"E 49.00 feet; thence 533049'00"E 54.00 feet; thence S26026'00"E 52.00 feet; thence S21013'00"E 44.00 feet; thence S17003'00"E 33.00 feet; thence S05035'00"E 29.00 feet; thence S03015'00"E 52.00 feet; thence S01003'00"E 38.00 feet; thence S00042'00"E 61.00 feet; thence S14051'00"W 25.00 feet; thence S16006'00"W 28.00 feet; thence S18040'00"W 41.00 feet; thence S24051'00"W 36.00 feet; thence S24059'00"W 54.00 feet; thence S15000'00"W 45.00 feet; thence S18024'00"W 82.00 feet; thence S16031'00"W 139.00 feet; thence S03042'00"W 49.00 feet; thence S04026'00"E 19.00 feet; thence S04003'00"E 18.99 feet to the northwesterly margin of aforesaid Meeker Street and a point hereinafter referred to as point "A"; thence N65039'05"E, along said northwesterly margin, 163.52 feet; thence leaving said northwesterly margin, N28012'40"W 24.95 feet; thence N04055'05"E 88.22 feet; thence N18017'44"E 130.90 feet; thence N21000'55"E 268.92 feet; thence N00°00'00"E 71.00 feet; thence N14022'53"W 120.78 feet; thence N21002'15"W 55.71 feet; thence N30024'44"W 203.28 feet; thence N44035'37"W 241.31 feet; thence N49038'34"W 58.88 feet; thence N47046'12"W 204.60 feet; thence N51009'55"W 193.87 feet; thence N54009'38"W 158.14 feet; thence N47024'31"W 46.40 feet; thence N38032'53"W 79.39 feet; thence N27044'29"W 66.85 feet; thence N16022'09"W 24.32 feet; thence N03039'21"W 43.67 feet; thence N08009'41"E 12.43 feet; thence N24049'10"E 85.47 feet; thence N29021'43"E 116.71 feet; thence N26009'19"E 122.90 feet; thence N36001'51"E 53.92 feet; thence N49016'59"E 90.07 feet; thence N62056'25"E 52.28 feet; thence N72006'08"E 59.03 feet, thence N82050'41"E 80.74 feet; thence N87024'52"E 124.05 feet; thence N89058'16"E 95.12 feet; thence S8804735"E 144.16 feet; thence Exhibit A - Legal Description for Permanent Easement Area GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 10 of 19 S82059'07"E 48.61 feet; thence S72011'48"E 43.39 feet; thence S68007'56"E 66.29 feet; thence S6505646"E 139.64 feet; thence S67011'28"E 120.01 feet; thence S71047'12"E 57.99 feet; thence S83029'52"E 47.93 feet; thence N88037'33"E 109.27 feet; thence N74044'18"E 101.55 feet; thence N65003'41"E 132.70 feet; thence N54000'16"E 149.79 feet; thence N45055'49"E 140.02 feet; thence N35044'29"E 133.34 feet; thence N20043'44"E 79.20 feet to the westerly margin of aforesaid Russell Road; thence along said westerly margin N19040'24"W 70.69 feet; thence continuing along said westerly margin N09003'24"W 257.95 feet to the TRUE POINT OF BEGINNING. And commencing at aforementioned point ""A"; thence S03058'35"W 170.40 feet, more or less, to the intersection of the line of ordinary high water on the east bank of the Green River (also known as the White River) with the southeasterly margin of aforesaid Meeker Street and the TRUE POINT OF BEGINNING; thence N65039'05"E, along said southeasterly margin, 254.50 feet; thence S46006'25"W 144.72 feet; thence S07017'35"E 144.29 feet; thence S11047'38"E 77.75 feet; thence S22041'49"E 54.79 feet; thence S30035'34"E 50.95 feet; thence S32004'35"E 69.38 feet; thence S28052'25"E 36.99 feet; thence S42057'19"E 79.29 feet; thence S49021'41"E 25.16 feet; thence S55043'21"E 34.48 feet; thence S62008'35"E 32.25 feet; thence S65047'25"E 46.62 feet; thence S82013'22"E 115.77 feet; thence N77013'10"E 62.81 feet; thence N72046'26"E 46.21 feet; thence N67050'48"E 58.55 feet; thence N58054'25"E 49.42 feet; thence N53042'55"E 54.13 feet; thence N50039'54"E 60.16 feet; thence N53013'55"E 69.69 feet; thence N51001'13"E 103.75 feet; thence N50057'48"E 89.68 feet; thence N54007'35"E 71.86 feet; thence N55032'16"E 55.04 feet; thence N60028'52"E 87.89 feet; thence N59044'53"E 85.54 feet; thence N59031'26"E 87.05 feet; thence N69014'18"E 179.30 feet; thence N75019'53"E 60.14 feet; thence S14014'05"E 23.76 feet; thence N79018'54"E 134.49 feet; thence N78025'36"E 232.41 feet; thence N12013'28"W 27.18 feet; thence N76058'54"E 86.72 feet; thence N64045'50"E 65.03 feet, more or less, to the westerly margin of aforesaid Russell Road, said point being hereinafter referred to as point "B"; thence S11007'59"E, along said westerly margin, 122.66 feet, more or less, to the line of ordinary high water on the north bank of said Green River; thence generally southwesterly and northwesterly along the line of ordinary high water to its intersection with the north margin of aforesaid Meeker Street, the ordinary high water mark being approximately described as follows: thence S63019'00"W 5.20 feet; thence S62036'00"W 31.00 feet; thence S77045'00"W 72.00 feet; thence S76034'00"W 58.00 feet; thence Exhibit A - Legal Description for Permanent Easement Area GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 11 of 19 S75017'00"W 90.00 feet; thence S80007'00"W 91.00 feet; thence S77047'00"W 112.00 feet; thence S78055'00"W 75.00 feet; thence S71022'00"W 75.00 feet; thence S70021'00"W 55.00 feet; thence S58035'00"W 61.00 feet; thence S70035'00"W 64.00 feet; thence S57056'00"W 65.00 feet; thence S63049'00"W 61.00 feet; thence S60008'00"W 49.00 feet; thence S600 13'00"W 38.00 feet; thence S52049'00"W 87.00 feet; thence S55031'00"W 58.00 feet; thence 545058'00"W 81.00 feet; thence S52007'00"W 63.00 feet; thence S56005'00"W 72.00 feet; thence S51001'00"W 76.00 feet; thence S55019'00"W 57.00 feet; thence S60008'00"W 69.00 feet; thence S66018'00"W 61.00 feet; thence S76028'00"W 64.00 feet; thence S80037'00"W 61.00 feet; thence S86030'00"W 60.00 feet; thence N89045'00"W 48.00 feet; thence N71052'00"W 40.00 feet; thence N64048'00"W 61.00 feet; thence N63044'00"W 43.00 feet; thence N59007'00"W 55.00 feet; thence N51031'00"W 58.00 feet; thence N48039'00"W 56.00 feet; thence N40053'00"W 62.00 feet; thence N40022'00"W 50.00 feet; thence N381143'00"W 58.00 feet; thence N34000'00"W 54.00 feet; thence N29051'00"W 44.00 feet; thence N24015'00"W 51.00 feet; thence N00056'00"W 59.00 feet; thence N02053'00"E 40.00 feet; thence N01024'00"W 70.00 feet; thence N01056'00"W 39.00 feet; thence N06056'00"W 34.72 feet to the TRUE POINT OF BEGINNING. Together with an easement for access to and inspection of the above described lands, over a strip of land, 15.00 feet in width, contiguous to and upland of the above described parcels; Except any portions thereof lying within the Colony Park Condominium, as recorded in Volume 31 of Condominiums, pages 55 through 57, records of King County. Exhibit A - Legal Description for Permanent Easement Area GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 12 of 19 Exhibit B Temporary Construction Easements A temporary construction easement over a portion of Government Lot 3, Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88059'28"E 2634.43 feet distant; thence S37018'38"W 3570.57 feet to that certain point referred to as point "A' in Exhibit A to this Agreement and recorded together with this Exhibit B, thence N65039'05"E, along the northwesterly margin of Meeker Street (also known as Kent Des Moines Road and also known as George W. Peck Road Extension Number 1070), 163.52 feet; thence leaving said northwesterly margin, N28012'40"W 24.95 feet; thence N04055'05"E 88.22 feet; thence N18017'44"E 130.90 feet; thence N21000'55"E 142.44 feet to the TRUE POINT OF BEGINNING; thence continuing N21000'55"E 126.48 feet; thence N00°00'00"E 71.00 feet; thence N14022'53"W 120.78 feet; thence S38013'47"E 230.92 feet; thence S51046'13"W 201.47 feet to the TRUE POINT OF BEGINNING; Together with a temporary construction easement over a portion of Government Lot 5, Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88059'28"E 2634.43 feet distant; thence S01023'18"W 2840.88 feet to that certain point referred to as point "B' in Exhibit A to this Agreement and recorded together with this Exhibit B, and the TRUE POINT OF BEGINNING; thence S64045'50"W 65.03 feet; thence S76058'54"W 76.97 feet; thence N11°07'59"W 420.14 feet; thence N78052'01"E 140.00 feet to the westerly margin of Russell Road (also known as John Downey Road Number 722 and also known as 54th Place South); thence S11007'59"E, along said westerly margin, 401.76 feet to the TRUE POINT OF BEGINNING. Exhibit B - Legal Description for Temporary Construction Easement Area GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 13 of 19 Exhibit C Aerial Photograph with Overlay Exhibit C - Aerial Photograph with Overlay GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 14 of 19 Exhibit D Estimated Construction Costs Exhibit D - Estimated Construction Costs GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 16 of 19 I Exhibit D Estimated Construction Costs Riverbend Golf Complex 18 Hole Golf Course Renovation Preliminary Estimated Construction Cost Green River Levee Project 13-Mar-08 Prepared by John Steldel, Golf Course Architect and Original Course Designer of Riverbend Golf Course Renovation of Holes 4 through 9 which are impacted:by the Levee Project. $1,800,000 Work is describes as renovating and remodeling the existing Riverbend 18 Hole Golf Course to accommodate the relocation of the Green River Levee and is described as but not limit to; Hole No.4-Relocation of the fairway,reconstruction of the fairway bunkers,addition of greenside bunkering and screening, modifications to the existing irrigation system,and relocation of the cart path. Hole No.5-Relocation of the tee,fairway,green,screening,new irrigation,and relocation of the cart path. Hole No.6-Relocation of the existing tee and green,relocation of the existing fairway,shaping and remodeling of the approach, reconstruction of existing fairway bunkers,modification to the existing irrigation system,protective screening,and relocation of the cart path Hole No. 7-Relocation of existing tee,relocation and remodeling of fairway bunkering,addition of approach bunkering, modifications to the existing Irrigation system,and relocation of the cart path in the tee area. Hole No. 8-Relocation of the tee,fairway,green and greenside bunker, new irrigation,and relocation of the cart path. Hole No.9-Relocation of the tee,relocation and modification of existing Fairway bunkering,modification to the existing irrigation system, and relocation of the cart path. Meeting and Consulting Fees $10,000 Architectural and Engineering Design Fees $118,800 Preliminary Estimated Construction Cost $1,928,800 f Exhibit E Estimated Lost Golf Course Revenues Exhibit E - City Estimated Cost to Reconfigure Golf Course GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 18 of 19 cn cr x CC CD 1D P7 to CD r o G F yy�5 V(/►� � .0.. W ram. W m rn (104 t n w s iNty' ! G.w1' A Q i A V i� at yq�► 6N y d► tp }l1 + A O } t (N� �7 � 4Q• a Cn w , O O { N w W dl O x N A N O O N 4 jN < RI c rn A tOr t p1 m CD 14 O I5 i p p N d c l F , J # � A (ZE .EAi � € th a w -• oDw -+ t J m to til O � N y N W itl f � f NN I 6tqy �q 1 �r t tV W m N tlt m •� lie �qQ w w N t2 A ..+. x W o t7D