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Home My WebLink About02-21-2006 ITEM VIII-B-3MCITYF URN w - WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Acceptance of the Governor's Deed to Game Farm Date: February 1, 2006 Park Department: Attachments: Budget Impact: Parks, Arts and Recreation Resolution 3976 Administrative Recommendation: City Council adopt Resolution 3976. Background Summary: In 1984 the City of Auburn signed a long-term use agreement with the State of Washington Parks and Recreation Commission for the property known today as Game Farm Park. This agreement was a cooperative effort in which the use of the land was traded to the City of Auburn for developing the 160 - acre park site. This agreement gave the City of Auburn a significant recreational facility for its residents. At a Commission meeting in Ocean Shores, Washington, in December, 2004, the Commission authorized the transfer to the City of Auburn a portion of the Auburn Game Farm State Park. The City Council authorized acceptance of the transfer. Resolution 3976 enacts that agreement. This transfer, by the agreement worked out between the two entities, results in giving the City of Auburn a significant recreational facility and allows them greater control and influence over the park and its long- term use. Staff requests that Council direct the execution of the resolution and accept the Governor's Deed for the Game Farm Park property. R-1205-1 05.1.2, A3.13.1.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES:', ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv.'., ❑ Finance E] Parks E] Human Services ® Planning & CD ❑ Fire ❑ Planning ❑ Park Board [-]PublicWorks ❑ Legal E] Police ❑ Planning Comm. E] Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until _!_!_ Tabled Until Councilmember: Norman Staff: Faber Meeting Date: February 21, 2006 Item Number: VIII.B.3 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 3 9 7 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ACCEPTING THE GOVERNOR'S DEED TO GAME FARM PARK WHEREAS, within the corporate boundaries of the City of Auburn is Game Farm Park, a significant recreational facility owned by the State of Washington; and WHEREAS, in connection with agreement worked out between the City and the State of Washington, it was deemed appropriate and advisable for this park to be conveyed by the State to the City so as to accommodate its greater control and influence over the park and its long term use; and WHEREAS, it is likewise appropriate for the City Council to agree by resolution to the acceptance of the Governor's Deed for the Game Farm Park. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Governor's Deed, which conveys to the City of Auburn Game Farm Park, a copy of which is attached hereto, marked as "Exhibit A" and incorporated herein by this reference, be, and the same hereby is, approved for acceptance by the City of Auburn. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3976 January 27, 2006 Page 1 of 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk City Attorney Resolution No. 3976 January 27, 2006 Page 2 of 2 AFTER RECORDING RETURN TO: Washington State Parks and Recreation Commission Lands Program PO Box 42650 Olympia, WA 98504-2650 GOVERNOR'S DEED Grantor: State of Washington, acting by and through the Washington State Parks and Recreation Commission. Grantee: City of Auburn Abbreviated Legal Desc: Plus of Govt Lots 6 and 7, Section 29, T21N, R5E Tax Parcel #: 292105-9011-05 (a portion of this parcel) WHEREAS the STATE OF WASHINGTON, acting by and through the WASHINGTON STATE PARKS AND RECREATION COMMISSION, at the Commission's December 2, 2004 meeting in Ocean Shores, Washington, authorized the transfer to the City of Auburn a portion of the Auburn Game Farm State Park, located in King County, on lands more particularly described below; and WHEREAS the City of Auburn, acting by and through the City Council, authorized the City and Mayor acceptance of the transfer of the Auburn Game Farm State Park from the Commission; NOW THEREFORE, the STATE OF WASHINGTON, acting by and through the WASHINGTON STATE PARKS AND RECREATION COMMISSION, as Grantor, for and in consideration of the mutual benefits to be derived, pursuant to the provisions of RC W 79A.05.170, and on such terms and conditions as are hereinafter stated, hereby transfers, conveys and quitclaims unto CITY OF AUBURN, as Grantee, all of its right, title, and interest in and to a portion of Auburn Game Farm State Park, more particularly described on the attached Exhibit A. This conveyance is expressly made subject to the following terms and conditions: Grantee covenants to continuously use and maintain the property for outdoor recreation purposes. II In the event that Grantee breaches the covenants contained in Condition I, ownership of the property shall revert to Grantor. In this event, Grantee shall either (i) remove all improvements to the property and return the property to its natural condition, or (ii) restore all improvements to a decent, safe and sanitary condition pursuant to the federal Uniform Act (Title 49 CFR, part 24), at Grantor's sole option. Grantee shall complete said removal or restoration at its sole cost and expense. If Grantee does not reasonably complete said removal or restoration, Grantor may complete said work and Grantee shall reimburse Grantor for the cost thereof. At Grantor's written request, Grantee shall execute and record a deed to reconvey the property to Grantor subject to the requirements provided herein. III If Grantee proposes use or disposal of the property for purposes other than recreation, Grantor shall determine whether the property is surplus to its needs for park purposes. If surplus, and barring any title restrictions, Grantee shall reimburse Grantor for the release of the reversionary interest in the land pursuant to RCW 79A.05.170 (2). IV Grantee shall accept an assignment of any project contracts(s) in effect due to grants or funding sources used by Grantor to acquire and improve the park. Specifically, this is subject to the conditions of project agreement number 82-501A which was entered into between the Interagency Committee for Outdoor Recreation and Grantor. A separate amendment to change grant sponsor from Grantor to Grantee shall be executed by the parties. Dated this day of APPROVED AS TO FORM: ROB MCKENNA Attorney General By Mark Schumock Assistant Attorney General 20 STATE OF WASHINGTON m Christine O Gregoire, Governor ATTEST: Secretary of State M:\Projects\Auburn Game Farm\Acq & Disp\Transfer\City of Auburn 2004-10-754\Governor's Deed -Transfer to Government.doc EXHIBIT A Legal Description of Auburn Game Farm State Park property THE LEGAL DESCRIPTION AS DESCRIBED IN THE LOT LINE ADJUSTMENT SHOWN ON THAT RECORD OF SURVEY RECORDED OCTOBER 19, 2005 IN BOOK 194 OF SURVEYS AT PAGES 085 THROUGH 088 UNDER AUDITOR FILE NUMBER 20051019900001, KING COUNTY RECORDS, FURTHER DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; GOVERNMENT LOTS 6 AND 7; EXCEPT THE WHITE (STUCK) RIVER; ALSO THAT PORTION OF GOVERNMENT LOT 9 LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST STUCK RIVER ROAD EXTENSION, EASEMENT FOR WHICH WAS GRANTED BY THE STATE OF WASHINGTON TO KING COUNTY BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 5913516; EXCEPT THE WHITE (STUCK) RIVER; ALSO GOVERNMENT LOT 10; EXCEPT THE WHITE (STUCK) RIVER; ALSO GOVERNMENTLOT 11; EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2696887; AND EXCEPT THAT PORTION CONVEYED TO THE CITY FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5896174; AND EXCEPT THAT PORTION RETAINED BY THE STATE OF WASHINGTON PARKS AND RECREATION COMMISSION, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 01033'53" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 1267.17 FEET; THENCE SOUTH 88031'31" EAST PARALLEL WITH AND 60 FEET SOUTH OF THE NORTH LINE OF GOVERNMENT LOT 11 A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; EXHIBIT A, continued THENCE CONTINUING SOUTH 88031'31" EAST PARALLEL WITH SAID NORTH LINE AND ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIVERWALK DRIVE SOUTHEAST A DISTANCE OF 630.90 FEET; THENCE SOUTH 01021'40" EAST A DISTANCE OF 182.33 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 400.50 FEET; THENCE COUNTER -CLOCKWISE ALONG SAID CURVE A DISTANCE OF 301.11 FEET THROUGH A CENTRAL ANGLE OF 43°04'38" (THE RADIUS CENTER BEARS SOUTH 03°02'29" EAST); THENCE SOUTH 01051'38" WEST A DISTANCE OF 33.07 FEET; THENCE SOUTH 34005'04" WEST A DISTANCE OF 51.01FEET; THENCE NORTH 88049'35" WEST A DISTANCE OF 336.49 FEET TO THE EASTERLY RIGHT OF WAY LINE OF "R" STREET SOUTHEAST; THENCE NORTH 03008'49" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 147.96 FEET; THENCE NORTH 01033'53" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 241.60 FEET TO THE TRUE POINT OF BEGINNING. F IL% THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST STUCK RIVER ROAD EXTENSION, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 5853047; ALSO THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST STUCK RIVER ROAD EXTENSION, EASEMENT FOR WHICH WAS GRANTED BY THE STATE OF WASHINGTON TO KING COUNTY BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 5913516; EXCEPT THE WHITE (STUCK) RIVER;