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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. ~. I =! day of ~--;: ~c~r
CITY
P ER B. LEWIS
MAYOR
ATTEST:
Da . lie E. Daskam,
City Clerk
Resolution No. 3976
January 27,2006
Page 2 of 2
,2006.
/'
AFTER RECORDING RETURN TO:
Washington State Parks and Recreation Commission
Lands Program
PO Box 42650
Olympia, W A 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:
Ptns of Govt Lots 6 and 7, Section 29, T21N, R5E
Tax Parcel #: 292105-9011-05 (a portion ofthis parcel)
WHEREAS the STATE OF WASHINGTON, acting by and through the
WASHINGTON STATE PARKS AND RECREA nON 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 RECREA nON COMMISSION, as Grantor, for and in
consideration of the mutual benefits to be derived, pursuant to the provisions ofRCW
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
Exhibit "A"
Resolution No. 3976
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:
I
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
,20_
STATE OF WASHINGTON
BY
Christine 0 Gregoire, Governor
ATTEST:
Secretary of State
APPROVED AS TO FORM:
ROB MCKENNA
Attorney General
By
Mark Schumock
Assistant Attorney General
M:\Projects\Auburn Game Farm\Acq & DisplTransferlCity of Auburn 2004-10-754IGovernor'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
GOVERNMENT LOT 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 RIVER WALK 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 43004'38" (THE RADIUS CENTER BEARS SOUTH
03002'29" 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 0 I 033' 53" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A
DISTANCE OF 241.60 FEET TO THE TRUE POINT OF BEGINNING.
ALSO
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
LYING NOR THERL Y OF THE NOR THERL Y 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;
AFTER RECORDING RETURN TO:
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20060410001895
PACIFIC NU TIT D 35.00
PAGE001 OF 004
04/10/2006 14:34
KING COUNTY, UA
04/10/2006 14:26
KING COUNTY, UA
TAX $10.00
SALE $0.00
PAGE001 OF 001
ytJ~'vJ:-;:YliA' \~
GOVERNOR'S DEED
(ii 3S
Grantor:
State of Washington, acting by and through the Washington State Parks and
Recreation Commission.
Grantee:
City of Auburn, a Municipal corporation of the State of Washington
Said document(s) were ~ for
. record by Pacific Northwest TItle 8S
Ptns ofGovt Lots 6 and 7, SectIOn 29, T21N, R5E aocommodationonly.ltha&rdbe8r
examined as to proper axtQAoA er
as to ita affect upon title.
Abbreviated
Legal Desc:
Tax Parcel
Number:
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 ofthe
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's acceptance of the transfer ofthe Auburn Game Farm State Park from the Commission;
NOW, THEREFORE, the STATE OIr 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 ofRCW 79A.05.170,
and on such terms and conditions as are hereinafter stated, hereby transfers, conveys and quit claims
unto the 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:
I
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 ofthe 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 transfer 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 1-~ ,2006.
STATE OF WASHINGTON
BY
Christine O. Gregoire, Gove
APPROVED AS TO FORM:
ROB MCKENNA
Attorney General
BYtZ~~~~L
Assistant Attorney General
ATTEST:
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
2005l01990000l, 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 59l35l6;
EXCEPT THE WHITE (STUCK) RIVER;
ALSO
GOVERNMENT LOT lO;
EXCEPT THE WHITE (STUCK) RIVER;
ALSO
GOVERNMENT LOT ll;
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 5896l74;
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 Ol033'53" EAST ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER A DISTANCE OF l267.l7 FEET;
THENCE -SOUTH 8803 r31" EAST PARALLEL WITH1\.ND 60'FEETSOUTI=tOF THE-
NORTH LINE OF GOVERNMENT LOT II A DISTANCE OF 30.00 FEET TO THE TRUE
POINT OF BEGINNING;
EXHIBIT A, continued
THENCE CONTINUING SOUTH 8803l '3l" EAST PARALLEL WITH SAID NORTH LINE
AND ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIVERW ALK DRIVE
SOUTHEAST A DISTANCE OF 630.90 FEET;
THENCE SOUTH 01021 '40" EAST A DISTANCE OF 182.33 FEET TO THE BEGINNING OF
, _~_l'-J'ON- ~ANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS QE..
400.50 FEET;
THENCE COUNTER-CLOCKWISE ALONG SAID CURVE A DISTANCE OF 301.11 FEET
THROUGH A CENTRAL ANGLE OF 43004'38" (THE RADIUS CENTER BEARS SOUTH
03002'29" 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.
ALSO
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;