HomeMy WebLinkAboutPW08-283 - Original - King County Flood Control Zone District - Meyers Golf and Narita Levees Amended & Restated Grant of Easements - 08/22/2008 After Recording Return To: CONFORMED COPY
Property Management
City of Kent 20080822000569
220 Fourth Avenue KC MPT OF "AT EAS 0.00
Kent, Washin ton 98032 P6Ac Des 013
9 es� ��0� ss.zs
KING COUNTY. WA
AMENDED AND RESTATED
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 6 of document
Assessor's Property Tax Parcel Account Number(s): 2322049010-02;
2322049011-01
Project Name: Meyers Golf and Narita Levees
NOTE: This AMENDED AND RESTATED GRANT OF EASEMENTS AND
LEVEE EASEMENT AGREEMENT amends the instrument that was recorded May
13, 2008 under recording number 20080513001810. This is being executed
and recorded solely for the purpose of amending the legal description for the
permanent easement area to include land for additional easement area located
within the driving range facility as shown approximately on Exhibit C, which is
owned and operated by the City of Kent, and for establishing the basis for
consideration for the additional easement area in the form of compensation for
lost revenues.
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 1 of 17
AMENDED AND RESTATED GRANT OF EASEMENTS AND
LEVEE EASEMENT AGREEMENT
FOR MEYERS GOLF AND NARITA LEVEES
THIS AMENDED AND RESTATED 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
20.20 acres of certain real property owned by Grantor, more particularly
described in Exhibit A and Exhibit B hereto.
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
approximately One Million Two Hundred Sixty Thousand Dollars
($1,260,000.00) for the perpetual easement conveyed.
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 2of17
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 Exhibits E and F, which exhibits also
illustrate the methodology for calculating lost revenues based on historic
performance.
Based upon the Foregoing, the Parties Hereby Enter into the Following:
ACREEL4gNT,
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,
their heirs and assigns, all such rights and privileges as may be used without
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 3 of 17
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
changes, amendments, or resolution of any claims related to any contracts
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 4 of 17
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 Exhibits E and
F 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
indemnifying party from raising such immunity as a defense against any claim
brought against the indemnifying party by any of its employees.
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 5 of 17
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
the date of mailing by registered or certified mail, and shall be deemed
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 6of17
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
lcye
By:
uz a ooke, M yor By:
Theresa Jennings, Dir ctor
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 T FORM: APPROVED AS TO FORM:
By: By:
Assistant Attorney Counsel for King County Flood
City of KV Control Zone District
Notary Acknowledgements Appear on Following Page
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 7 of 17
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 - 4`h 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 ONE ISTRICT
By:
Suzette Cooke, Mayor By:
Theresa Jennings, Di ctor
King County Dept. of Natural
Resources and Parks on behalf of
the King County Flood Control
Zone District
Acting pursuant to Resolution No.
40Ss-0t.z of said Grantee
APPROVED AS TO FORM: APPROVEP AS TO M:
By: By:
Assistant City Attorney ounsel Mr King 99unty Flood
City of Kent Control Zone District
Notary Acknowledgements Appear on Following Page
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 7 of 17
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-
IN,�IV NESS WHEREOF, I have hereunto set my hand and official seal
the ; +rrst above written.
i 411? S:
44 �v $s NOTARY PUBLIC, in and forAe State
�w k, of Washington, residing at , , ►�
-aw ,
++1,64 � ., � My appointment expires41
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
D00 dago-2 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 i& D*py Gaar'y �7A( P ,
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-
,,,,�����N «+h HEREOF, I have hereunto set my hand and official seal
thee►; "' ove written.
yd) 404, ®No ���' NOTARY PUBLIC, in and for the State
of Washington, residing at
WABN������ My appointment expires Sn /,7�
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 8 of 17
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 54t" 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 S541121'00"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
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 9 of 17
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
S33049'00"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 S031115'00"E 52.00 feet; thence
SO1003'00"E 38.00 feet; thence S00042'00"E 61.00 feet; thence
S14051'00"W 25.00 feet; thence S161106'00"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 S151100'00"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
N21°02'15"W 55.71 feet; thence N3002444"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 N5100955"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 S88047'35"E 144.16 feet; thence
Exhibit A - Legal Description for Permanent Easement Area
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 10 of 17
S82059'07"E 48.61 feet; thence S72011'48"E 43.39 feet; thence
S68007'56"E 66.29 feet; thence S65056'46"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 N2004344"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 S03158'35"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 N78012'50"E 367.68 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
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 11of17
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 S60013'00"W 38.00 feet; thence
S52049'00"W 87.00 feet; thence S55031'00"W 58.00 feet; thence
S45058'00"W 81.00 feet; thence S52007'00"W 63.00 feet; thence
S56005'00"W 72.00 feet; thence S51°01'00"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
N481139'00"W 56.00 feet; thence N40053'00"W 62.00 feet; thence
N40022'00"W 50.00 feet; thence N38°43'00"W 58.00 feet; thence
N34000'00"W 54.00 feet; thence N29051'00"W 44.00 feet; thence
N24°15'00"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
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 12 of 17
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 S38113'47"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 N11007'59"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
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 13 of 17
Exhibit C
Aerial Photograph with Overlay
f
GOLF
DRIVING
RANGE
ADDITIONAL
EASEMENT
AREA
O`eeri
Exhibit C - Ariel Photograph with Overlay
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 14 of 17
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 Steidel,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 can 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 bunkenng,modification to the existing irrigation
system,and relocation of the cart path.
Meeting and Consulting Fees $10,000
Architectural and Engineering Design Fees118,800
Preliminary Estimated Construction Cost $1,928,800
Exhibit D - Estimated Construction Costs
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 15 of 17
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Exhibit F
Estimated Lost Driving Range Revenues
Date Range: Historical Revenue Data: Daily 2008 2008
Daily
9H—9115 2004
a 2006 2006 2007 Averse Averse Projected
r.o� ct=e zAd,q r
Ave.
'T
0$2 ,3Drlvin Rn a $19 067 53 $18,212 $19,731 $19,341 1 289 0 000 $1,333
05Lessons $5 595
$6,305 $4,736 $5,535 $369 $5 000 $333
Miniature Golf $2 932 $3284 $209 $2 964 $3 013 $201 $3 000 $200
Divot Cafe $1,798 $1 794 $1,449 $t 172 $1 563 $104 4 i $1,500 $100
Total $29 392 $30 436 $28 835 $28 602 $29 442 s1 963 $29 600 $1966
Exhibit F - Estimated Lost Driving Range Revenues
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 17 of 17
ATTORNEY'S CERTIFICATE OF AUTHORITY
ATTORNEY'S CERTIFICATE
RE: Amendment No. 1 to the Step 1 Certification of Lands and Authorization for Entry for the
Meyers Golf Rehabilitation Effort located on the right bank of the Green River at approximately
River Mile(RM)22.0 to RM 22.5 in the City of Kent,King County,Washington, Job No. GRN-
2-07
I, Rod P. Kaseguma, an attorney admitted to practice law in the State of Washington
certify that:
I am an attorney and shareholder in the law firm that represents the King County Flood
Control Zone District(hereinafter referred to as the"KCFCZD".
I have examined the title to Parcel#2322049011, a parcel of land identified by the U.S.
Army Corps of Engineers as needed for the Meyers Golf Levee Project located on the right bank
of the Green River at approximately River Mile(RM)22.0 to RM 22.5, in the City of Kent,King
County, Washington, and included in the Certification of Lands and Authorization for Entry
document to which this Certificate is appended.
KCFCZD is vested with sufficient title and interest in the described lands required by the
United States of America to support the construction,operation, and maintenance of the
KCFCZD Meyers Golf Levee Project.
There [ ] are(see attached risk analysis) dale no outstanding third party interests of
record that could defeat or impair the title and interests of the KCFCZD in and to the lands
described, or interfere with construction,operation, and maintenance of the Project. Such
interests include,but are not limited to,public roads and highways,public utilities,railroads,
pipelines, other public and private rights of way, liens and judgments. To the extent such
interests existed prior to acquisition of the described lands by the KCFCZD such interests have
either been cleared or subordinated to the title and interests so acquired except as provided in the
attached risk analysis.
The KCFCZD has authority to grant the Certification of Lands and Authorization for
Entry to which this Certificate is appended;that said Certification of Lands and authorization for
entry is executed by the proper duly authorized authority; and that the authorization for entry is
in sufficient form to grant the authorization therein stated.
DATED AND SIGNED at �N s day of u LY 2008.
R D S GUMA
Inslee,Best,Doezie&Ryder,P.S.
King County Flood Control Zone District
3
RISK ANALYSIS FOR OUTSTANDING
THIRD PARTY INTERESTS
RE: Amendment No. 1 to the Step 1 Certification of Lands and Authorization for Entry for the
Meyers Golf Rehabilitation Effort located on the right bank of the Green River at approximately
River Mile(RM)22.0 to RM 22.5 in the City of Kent,King County, Washington, Job No. GRN-
2-07
There are outstanding third party interests of record in and to the lands required for the
Project. An evaluation of those interests is as follows:
1. IDENTIFICATION OF THIRD PARTY INTERESTS:
+v4 CH A KLe- F-aM P M M ? I U 0,
2. ASSESSMENT: (Discuss whether the exercise of that interest is likely to
physically impair the Project. Discuss the legal implications if the interest is not
cleared or subordinated. Discuss the practical impediments to the exercise of the
interest such as any required permits, land use restrictions, or compensation.)
D ( -rTo
3. PLAN TO RESOLVE: (Discuss recourse available to protect the Project in the
event the outstanding interest is exercised).
Signed.
DATE2-6
'2-
RODP.XASSGUM
Inslce,Best,Doezie&Ryder,P.S.
King County Flood Control Zone District
® REQUEST FOR MAYOR'S SIGNATURE
KEN T Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: SAS �' - Phone (Originator): S�77 S'
Date Sent: << o Date Required: �y
Return Signed Document to:S �"� ,� CONTRACT TERMINATION DATE: IV
VENDOR NAME: k.0 F(uo Cj-`+-ro [DATE OF COUNCIL APPROVAL:
Brief Explanation of Document:
7
K-� c� ,, �mac- re-� ��c-s �n Q n�;���•�.-�c� � � -�-'�.
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received:
Approval of Law Dept.:
Law Dept. Comments: ,y
(-97
C /
i
Date Forwarded to Mayor:
L/
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition:
Date Returned:
1age587 0 • 3;05