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Home My WebLink About1992 - Recreational River Bank Dike Trail Easement - Horizon Hotels Partnership - 9208261188See Homewood Suite file for complete turnover file Recreational River Bank Dike Trail Easement THIS AGREEMENT is entered into this day of April, 1992, between HORIZON HOTELS PARTNERSHIP, a Louisiana General Partnership (hereinafter referred to as "the Grantor' and the CITY OF TURWILA, a Washington optional municipal code City (hereinafter referred to as "the Grantee"). WHEREAS, Grantor owns or has an interest in certain real property (hereinafter referred to as 'the Property located adjacent to Duwamish River in the City of Tukwila, washington more particularly described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full; and WMERrAd, Grantee is in the process of developing a public recreational trail along the entire length of the Duwamish /Green River within Grantee's corporate limits; and M=EAS, the City of Tukwila and other agencies require access to the river bank for maintenance, monitoring, construction of future possible dike /levee and /or river bank stabilization improvements, and WHTIMAS Grantor has agreed to grant an easement to Grantee to develop a portion of the Property as an outdoor c0 recreational trail for public use and Grantee has agreed to co utilize a portion of the Property for such use according to certain terms and conditions; •..0 N NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, Grantor hereby conveys CD N and grants to Grantee, its successors and assigns, a J. perpetual, nonexclusive easement across, along, in and upon, the portion of the Property described on Exhibit A and illustrated on Exhibit 8 attached hereto, and hereinafter referenced as the "Easement Area", and incorporated herein by this referenda as if set forth in full, subject to the following terms and conditions, by which Grantee agrees to be bound: 1. Use of the Easement Area. Grantee's use of the Easement Area shall be for the exclusive purpose of landscaping, developing and maintaining the Easement Area for public recreational trail purposes and of installing, maintaining and providing for public use a recreational tra31 thereon_ The use of the recreational trail will be restricted to pedestrian, equestrian and bicycle use. Camping, campfires, the use of firearms and any other activities that would be inconsistent with the safe use of the Property by the public will be prohibitwd_ In addition to the restrictions on use provided herein, Grantee shall have the paws= to promulgate and enforc* such other rules and regulations for use of the trail by the public as it may daam fit and proper to promota $rife and equitable uce. Access to and also maintenance, monitoring, construction of riverbank stabilization and /or now dike /levee systems by the City or other public agencies, will be carried out vn this easement. 2. Construction ftUd xaisxteamnoe. The design Qt the public recreation trail shall be in the sole discretion of the Grantee, provided that Grantee shall design the public recreational trail to acrQaPdata any plans for development by Grantor on property adjacent to the trail. All design, engineering and construction costs incurred in completing the gravel base for the future asphalt trail shall be at the sole cost and expense of the Grantor. Grantee shall be responsible for all maintenance anal Maintenance eoete incurred with respect to tho trail, The construction and maintenance of trail system and associated landscaping shall be in accordance with the most current riverbank stabilization studies conducted by Grantee for this property. Grantee shall not be responsible, however, for paying the cost of relocating or reinstalling such improvementc, or for paying the costs of installing such improvements incurred by the Grantor, or for paying the cost of replacing said improvements. Grantee's approval of landscaping or other development by the Grantor in the easement area shall not constitute a waiver of Grantes "s rights under this easement to construct and maintain the recreational trail, nor shall any delay in construction of such trail constitute an abandonment or release of the right to develop such trail by the Grantee. Z Z00 'd WObd 3. Timing Or Construction. Both parties understand and agree that the time at which the Grantee will develop the recreational trail is unknown at present because of the necessity to acquire additional right -of -way and the funding necessary to construct the trail. Grantor and Grantee agree that Grantor may, with the prior written consant of the Grantee, make temporary improvements to the Easement Area aD pending construction of the trail. Grantee shall hava male c0 discretion in determining whether or not to approve, which approval shall not be unreasonably withheld or delayed, any improvements in the Easement Area which would interfere with N or be inconsistent with Grantee's use of the property for a 00 recreational trail_ In the event that improvements are made N on the Easement Area with Grantee's Consent, Grantee chall bear' the cost of removal of such improvements at the times of S trail construction. Grantee shall not be responsible, however, for paying the cost of relocating or reinstalling such improvementc, or for paying the costs of installing such improvements incurred by the Grantor, or for paying the cost of replacing said improvements. Grantee's approval of landscaping or other development by the Grantor in the easement area shall not constitute a waiver of Grantes "s rights under this easement to construct and maintain the recreational trail, nor shall any delay in construction of such trail constitute an abandonment or release of the right to develop such trail by the Grantee. Z Z00 'd WObd FROM Adkk Nothing in this agreement shall be interpr•tod to iaply that the city waives its right to further requoat of Grantor the opportunity to make future dike /levee or river bank improvements. 4. Iadumity. Grantee snail indemnify, defond and hold harmless the Grantor from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons or dame+ge to property occasioned by a negligent act, omission or failure of tho Grantee, its officers, agents and employees, in constructing, operating and maintaining the recreational trail. 5. sUccessors. This Agreement shall be recorded pith the King County Auditor and Shall constitute an easement and servitude running with the land, inuring to the benefit of the parties hereto, their heirs, executors, administrators, succesaors and assigns. Executed by the Grantor on Executed by the Grantee an April 15 lg 92 CPJLVTOR Horizon Hotels, L.P. By: Northeast Hotel Associates By �thejst otel Corp. By yA11an V. Rose President n City CrQrk APFR V'RD AS To PORKs j� &z OFFICE of Cl ATTORNVY 3 P, 003 00 G RANTEE N CITY OF TUKWILA 00 r� 1 C\1 Rants, Mayor �,sL ATTUST /Armr MMTICATED: April 15 lg 92 CPJLVTOR Horizon Hotels, L.P. By: Northeast Hotel Associates By �thejst otel Corp. By yA11an V. Rose President n City CrQrk APFR V'RD AS To PORKs j� &z OFFICE of Cl ATTORNVY 3 P, 003 P'hUM GRAB TEES STATE OF WASHINGTON sB. COUM OF I certify that I know or have satisfactory evidence that John W. Rants and Jane E. Cantu signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as they Mayor and City Clerk of THE CITY Or TUKWILA to be the free and voluntary act such party for the uses and purposes mentioned ii ent. 0.0- 1 QDVW Sicjnature� f. Notary Public Title c TAO t Icy appointme expires./- �9 WAg�� GRANTORS STATE OF co Niu sh ss. CO ee OF 110 I certify that I know or have satisfactory evidence N that R11N-A \3 2o5.sL signed this instrument, on oath CO stated that ham_ g t authorized to ex ute the instrument and acknovleded L as the of N Oo4, f) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. datod H signature df Not Public Title ��1�� My appaintnnnt dxpirgs A� ()p" ,net 4 n v 4 r, uua 4 F ROM BYHIarT *AO T"XL/0291 ZA0XMX11Z P. 005 i Laa�►s, aaaasxr�s�� &Lr. TMAT FORTZON Or LUT I AND 3 OF TUKWILA S HORT P LAT Nix. 86 1 SS A ACCORDING} TO SHOAT PLAT SURVEY RECORDED UM KIN@ COUNTY RZCORDINO NO. 0007210416 UZaCCRIBED AS FOLLOWS; t xwei mimc Az Tun so coANBB OF LOT 2 OF SAID SHORT PLAT; TMZNCZ NORTH 25924'11" WEST A 01STANCE OF 5.06 FLETJ THENCE NO 72009 EA6T A 015TANCb OF 35a.1B FEET; THENCE NORTH 47 ZAiT A DIQTAaCN Or 14.91 FAT; THENCE NORTH 05¢3.4'06" WX$T A DISTANCE Or 20.53 rMST; THENCE NORTH 33 WM9? A 03:sTANCF6 Or 95.04 XrXXT; THENCE NORTH 35010 1 EBB A DXBTAUM OF 114 .19 FZMT; THENCE NORTH 53947 RZST A DI STAN= Or 3'1.20 FRET; THENCE NORTH 35' V2S7' A DISTANCb OF 137.00 FXZT; THr"CE NORTH 25 WEST A D%6TAVCF OLr 61.17 FBIT; THENCE NORTH 63 MAST A DXNTAVCS OF 10433 FZZT; THENCE SOU" 36 02* MAST A DIsTANCN of 30.26 MST; THENCE SOUTH 33 "AT A PISTAHOH Or 99.56 FNETJ THENCE 60UTH 34' BART A DISTANCE OEr 106.77 SRRTi THENCE S OUTH 15010.59" MAST A. nISTANCE 07 102.18 F R ET; co THM SOUTH 33086 *05" RIST A DISTAWCR OF 37.32 FMTF CO THENCE MYTH 05 EAST A DIS OF 24.29 VAR Ti TMSNCt SOUTH 47 NBST A DISTANCE OF 18 .48 rtNT) THENCE SOUTH 72 EAST A DZSTANCS Or 359.50 FXZT TO THU N TRUE POINT OF BEGINNING. CO O N i x