FM: James L. Brewer, Legal Counsel ("{i;f" RE: Des Moines Beach Park Kimberly Lockard has asked me to give you a written analysis of the County's role and jurisdiction on the issue of the proposed operation in Des Moines Beach Park of a fill material conveyor belt. I would like to thank Scott Johnson, Deputy Prosecuting Attorney, for his assistance to me in responding to your request. King County owns a real property interest in one section of the Des Moines Beach Park. The deed conveying that portion of the park from the County to Des Moines has a covenant granting: "King County and its people for their benefit the right to use the real property herein for public park and recreation purposes in perpetuity." If that portion of the park is ever used for other purposes without the written consent of King County, ownership of the park property reverts to King County. In addition, Des Moines is under a contractual obligation to King County to only use the park for "park and recreation" purposes unless King County consents to the inconsistent use and other land is substituted. This obligation applies to the entire park. It is likely these covenants were included, in part, because King County's contribution to the purchase of the park came from Forward Thrust bond proceecis. The Office of the Prosecuting Attorney has indicated that it is their understanding that Des Moines Creek Park also was purchased by King County with Forward Thrust bond proceeds. The…Open full document
Notes
Legal counsel James L. Brewer analyzes King County’s jurisdictional authority regarding a proposed fill material conveyor belt operation at Des Moines Beach Park. The memo examines property interests, covenants requiring park use only, and concludes the proposed 30-month project would be inconsistent with park purposes due to significant disruption.