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Home My WebLink About1990 - Recreational River Bank Dike Trail Easement - Fairway Center Associates - 9003130434p. t. k? RECREATIONAURIVER BANK/DIKE TRAIL EASEMENT THIS AGREEMENT is entered into between FAIRWAY CENTER ASSOCIATES (hereinafter referred to as "the Grantor and the CITY OF TUKWILA, 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 Green 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 WHEREAS, Grantee is in the process of developing a public recreational trail along the entire length of the Green River within Grantee's corporate limits; and WHEREAS, 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 0 WHEREAS, Grantor has agreed to grant an easement to Grantee to develop the Property as an outdoor recreational trail for public use and Grantee has agreed to CD utilize the Property for such use according to certain terms and conditions; CD NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, Grantor hereby conveys and grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement across, along, in and upon, the Property described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, subject to the following terms and conditions, by which Grantee agrees to be bound: 1. Use of the Property. Grantee's use of the Property shall be for the purpose of landscaping, developing and maintaining the Property for public recreational trail purposes and of installing, maintaining and providing for public use of recreational facilities thereon. The use of the recreation 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 prohibited. In addition to the restrictions on use provided herein, Grantee shall have the power to promulgate and enforce such other rules and regulations for use of the trail by the public as it may deem fit and proper to promote safe and equitable use. Access to and also maintenance, monitoring, construction or riverbank stabilization and /or new dike /levee systems by the City or other public agencies, will be carried out on this easement. 2. Construction and Maintenance. The design of the public recreation trail shall be in the sole discretion of the Grantee. Grantee agrees to make reasonable attempts in designing the public recreational trail to accommodate 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 and maintenance costs incurred with respect to the trail. The construction and maintenance of trail systems and associated landscaping shall be in accordance with the most current riverbank stabilization studies conducted for this property Wilt aI:/ E E, HV ye L 90s '03i' 13 RECFEE RECD F i E OI SE TAX NOT REQUIRED CRSHSL ing Co. R oads Division 2. aG j E. 00 #0434 R Recreational /River Bank /Dike Trail Easement Page 2 r c� 0 07 07 c7 CD 0 4 3. Timing of 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 consent of the Grantee, make temporary improvements to the Property pending construction of the trail. Grantee shall have sole discretion in determining whether or not to approve any improvements in the Property which would interfere with or be inconsistent with Grantee's use of the property for a recreational trail. In the event that improvements are made on the Property with Grantee's consent, Grantee shall bear the cost of removal of such improvements at the time of trail construction. Grantee shall not be responsible, however, for paying the cost of relocating or reinstalling such improvements, 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 Grantee'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. Nothing in this agreement shall be interpreted to imply the City waives its right to further obligate the development /owner to future dike /levee or river bank improvements. 4. Indemnity. Grantee shall indemnify, defend 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 damage to property occasioned by a negligent act, omission or failure of the Grantee, its officers, agents and employees, in constructing and maintaining the recreational trail. 5. Successors. This Agreement shall be recorded with 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, successors and assigns. Executed by the Grantor on e52i ce f yet" 1989. Executed by the Grantee on l ,1989. GRANTEE: GRANTOR: CTT F I B �r i— GMY E. IAN DUSEN, MAYOR TITLE ATTEST AUTHENTICATED: MAXM ANDERSON, CITY CLERK AP OVED AS FO CE OF CITY A RNEY 01 Recreational/ River Bank /Dike Trail Easement Page 3 GRANTEES Citv STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Gary L. Van Dusen and Maxine Anderson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of THE CITY OF TUKWILA to be the free and voluntary act of such party for the uses and purposes m 'n the instrument. M iv is c Dated QZ Sigdatti of Notary Public Title o T s, X0 2 My appointment ex fires 9 -9 -51 �wASH1N GRANTORS v Corporate O STATE OF WASHINGTON ss. p COUNTY OF K e h l C I certify that I know or have satisfactory evidence that J\a o 0 0, Ca r r signed this instrument, on oath stated that ho were authorized to execute the instrument and acknowledged it as this, er Q_`R-b A t�ao offFc, u t oci" C 0 Stye the free and voluntary act of such party for the uses and purposes met tioned in the instrument. Dated i k A R �-,k Signature of Notary Public Title n_ o ry�an My app6Mtment exj rues Ok 0) 9 2L Individual STATE OF WASHINGTON) ss. j COUNTY OF K (NCB I certify that I know or have satisfactory evidence that M c &n L ,(a signed this instrument and acknowledged it to be f-k� o free and voluntary act for the uses and purposes mentioned in the instrument. Dated -L,Ld `Q�zs1r- Signature of Notary Public Titl ,11, My a ntment e�pires Q n i c) a- 0 O C7 CD On PARK PROPERTIES TRAIL EASEMENT 40 'E'xh► b►t /I A PORTION OF THE LAND ACCRETED ADJOINING LOTS 1, 2, 3, 4, 5, 6 AND 7, BLOCK 18, HILLMAN'S SEATTLE GARDEN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 24, IN KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7 ON THE NORTH MARGIN OF SOUTH 143RD STREET; THENCE NORTH 7 0 22 1 40" EAST ALONG THE EAST MARGIN OF SAID LOT 7 AND AS EXTENDED ON THE SAME BEARING 460.00 FEET TO THE TRUE POINT OF BEGINNING OF AN EASEMENT 30.00 FEET WIDE; 15.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 88 45'29" WEST 189.00 FEET; THENCE NORTH 85 0 14'46" WEST 35.70 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 THROUGH A CENTRAL ANGLE 15 0 41'39" A DISTANCE OF 41.09 FEET TO A POINT OF TANGENCY; THENCE NORTH 69 33 1 07" WEST 166.83 FEET TO A POINT ON THE SOUTHEASTERN MARGIN OF 58TH AVENUE SOUTH, AS EXTENDED, AND THE TERMINUS OF THIS EASEMENT. BRH JOB NO. 88278.04 ENG. 23 /RWO PARK PROPERTIES r