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HomeMy WebLinkAbout1999 - Recreational, River Bank, Dike Trail Easement - Huish Family Fun Centers - 9904151147CC n Return Address: CITY OF TUKWILA City Clerk's Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 C Document Title(s): Parties: Other: City of Tukwila. ✓ashingn Last Name Company Name (if business) 73O( Cen A r- LA-- Address �GC K c /h City 01,3 oY90 !.3 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET An. Assessor's Property Tax Parcel/Account Number(s): Ut ZQ,T QSQinmt T1 n /7 First Name Initials GYH cBw/ ^J 4t-n, State Zip ,-v- a3 -oggo- 63 .q -a3 oy 90-92 Public Works: RECREATIONAL/RIVER BANK/DIKE 1 RAIL EASEMENT THIS AGREEMENT is entered into between the F.-1 \ILY FUN CENTERS, TUKWIL LLC, a Washington limited liability company (hereinafter referred to as "the Grantor and the CITY OF TUKWILA, a Washington optional municipal code city (hereinafter referred to as the `the Grantee"). WHEREAS. Grantor ones or has an interest in certain real property (hereinafter referred to as "the Property") located adjacent to Green River in the City of Tu-kvila, 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 under r? Highway I-405 and along the Green River within Grantee's corporate limits; and L`I i WHEREAS, the City of Tukwila and other agencies require access to the river bank for N maintenance, monitoring, construction of future possible dikelevee and /or river bank stabilization improvements, and WHEREAS, Grantor has agreed to grant an easement to Grantee to develop the Property as an outdoor recreation trail for public use and Grantee has agreed to utilize the Property for such use according to certain terms and conditions: 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, that cordon of the Properly described as the "Recreation Trail" on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, subject to the folk/Whig termer and conditions, by which Grantee agrees to be bound: I. Use of the Property. Grantees use of the Property shall be for the purpose of landscaping, developing and maintaining the Recreation Trail portion of that 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 and bicycle use. Camping campfires, the use of firearms and any other activities that would be inconsistent with the safe use of the Pmpem 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 Recreation Trail by the public as it may deem fit and proper to promote safe and equitable use. Access to and also maintenance, monitoring, construction of 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 and bridge across the Green River shall be the sole discretion of the Grantee. Grantee agrees to make reasonable attempts in designing the public Recreational Trail and bridge to accommodate any plans for development by Grantor on property adjacent to the Recreation Trail. All design, engineering and construction costs incurred in completing the gravel base along the Green River shoreline shall be at the sole cost and expense of the Grantor. All design. engineering and construction costs incurred in completing the gravel base on the east side of the Grantor's property shall be at the sole cost and expense of the Grantee. The Grantee shall pay for all engineering and construction costs related to the paving of the shoreline trail and east side trail sections and for river bridge and related approach costs. Grantee shall be responsible for all maintenance and repair costs incurred with respect to the Recreation Trail, unless damage is caused by the Grantor, their representative_, or future owners of Grantor's property. Tne Grantor shall maintain all grounds up to the edge of the asphalt sail on the land side of the asphalt trail. The Grantee shall maintain the asphalt sail and all lands towards the river as it relates to trail use. The construction and maintenarce of sail systems and associated landscaping shall be in accordance with the most current riverbank stabilization studies conducted for this property. 3. 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 maintaining the Recreational Trail. I 4. Successors. This Agreement shall be recorded with the King Count Auditor cir z ,l and shall constitute an easement and servitude running with the land, inuring to the benefit of the e-4 parties hereto, their heirs, executors, administrators_ successors and assigns. ra C Executed by the Grantor on ya4cc ecft7 9 1999 a. Executed by the Grantee on yF% ,_',.,xJ tL/, 1999. GRANTEE: GRANTOR: CITY OF TUKWILA ;lfv t I ri (4:i P4-I4 13 John W. Rants, Mayor 3i• :)John M. Hush. President A 1 1 ESTAUTHE\TICATED: BY: Jane Cantu, City Clerk APPROVED AS TO FORM: r Uz Bc Office of the City Attorney FAMILY FUN CENTERS. TUKWILA, LLC GRANTEE -S City STATE OF W=ASHINGTON COUNTY Y OF GRANTORS t..c )ss. I certify that I know or have satisfactory evidence that John W. Rants and Jane Cantu sinned this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of TFIE CITY OF TUKWI L k to be the free and voluntary act of sash party for the uses and purposes mentioned in the instrument. Corcnrate STATE OF WASHINGTON )s. COUNTY OF STATE, OF WASHINGTON )s COUNTY OF Dated ailifia -t([ 4 M Sinature of Notary Public -tf /1 Title "I L L .{1% \Ivappoin ent expires X !",7 -C.fl Dated I certify that I know or have satisfactory evidence that John \I. Huish sinned this instrmnent. on oath stated that John M. Huish was authorized to execute the instrument and acknowledged it as the P {esidjat of FAMILY CENTERS. TUTKWTLA, LLC to be the free and voluntary act of t i r#foz"a es and purposes mentioned in the instrument i g t4�' ;pay i k .Dated //fl Siena of Notary Public r O :;1t• Title j'e,t4? F x l'" :0, My appom®eht expires 515 /tc �ii�ividual I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument Signature of Notary Public Title My appointment expires 7. LOCATION 20' 'WIDE RECREAMNAL Ri ER2J.\K /O'KE 1R EL.I oofie RALROAD Cy-/ iii A Fi7ROYYBdE LCaT'O: 20' WIDE R=CRoti:C Rra22 K/O:KE 1R L NOTE: EASEMENT SHOWN S k FROYALME ONLY. ACTUAL LCC&11CN s EASED ON :S -EU LCCAIIDU.