HomeMy WebLinkAbout1999 - Public Recreational Trail and Access Easement - Estate of James Campbell - 99032417720
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Document Title: Public Recreational Trail and Access Easement
^2 Grantor(s): Estate of James Campbell
f Grantee(s): City of Tukwila
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Abbreviated Legal Description: Ptn of Lot 4, City of Tukwila Short Plat No. 77 -45,
Iv" Recording No. 7711080966
C2 Additional Legal Description is on Pages 8, 9 and 11 of this document
C1 Assessor's Tax Parcel Number: 788890- 0120 -08
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PUBLIC RECREATIONAL TRAIL
AND ACCESS EASEMENT
This Public Recreational Trail and Access Fasement ("Fa ement') is made and entered
into as of Th £2 k c k- 9 1999 between THE TRUSTEES UNDER THE WILL AND OF
THE ESTATE OF JAMES CAMPBELL, DECEASED, acting in their fiduciary and riot in their
individual capacities "Grantor') and CITY OF TUKWILA, a Washington optional municipal code
city ("Grantee").
A. Grantor is the owner of certain real property (the "Property') located adjacent to
the Duwamish/Green River (the "River") and situated in the City of Tukwila, Washington. The
Grantor's Property is more particularly described on Exhibit A attached hereto.
B. The City of Tukwila is in the process of relocating a public recreational trail along
the River in connection with the current riverbank levee maintenance and repair project. In
connection with the Grantor's development of the Property, the City of Tukwila is requesting the
Grantor to grant certain trail, access and parking easements across portions of the Property, as more
particularly described below, to facilitate the development of the trail.
2321`03M6565.04
RECITALS
1 of 11
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AGREEMENTS
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties agree.
1. Easements. Grantor grants and conveys to Grantee the following perpetual, non-
exclusive easements: (i) an easement (the "Trail Easement") for a public non motorized trail for
pedestrian and bicycle use over, through, along and across the portion of the Property legally
described on Exhibit B attached hereto, the approximate Location of which is shown on Exhibit B-
1, attached hereto (ii) an easement (the "Access Easement for maintenance vehicle and
pedestrian ingress and egress in connection with use of the Trail Easement over and across the
portion of the Property legally described on Exhibit C attached hereto, the approximate location of
which is shown on Exhibit B -1; and (iii) an easement (the "Parking Easement for temporary
public vehicular parking (trucks, campers, recreational vehicles excluded) in the four (4) non-
exclusive parking spaces to be located in the parking area within the Access Easement, as
designated on Exhibit B -1 for use by public recreational trail users. Grantor, at its sole cost and
expense, shall have the right to relocate the Access Ea sement and/or Parking Easement described
above, so long as substantially equivalent public parking and pedestrian access to the Trail
Easement is maintained on the Property upon relocation. Grantor reserves the right to use the
11=4 easement areas for all purposes that do not unreasonably interfere with the easement rights of the
Grantee granted herein, specifically including using the Trail Easement for a fire lane for the
Qj building constructed on the Property.
C
0 2. Use of the Trail Easement. Grantee may use the Trail Easement only for the
purpose of landscaping, developing, constructing, installing and maintaining a public, non-
motorized, pedestrian and bicycle recreational trail; provided that the existing trail is completely
removed and the surface of the Property is restored; and provided further that any recreational trail
constructed thereon shall be constructed and maintained so that it at all times complies with all
applicable requirements of a fire lane for the building constructed on the Property. The use of the
recreational trail shall be restricted to pedestrian and bicycle use. Camping, campfires, alcohol,
illegal or immoral activities, the use of firearms and any other activities that would be inconsistent
with the safe use of the easement areas by the public shall 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. Grantee, at Grantee's sole cost, shall post and maintain signs
limiting the use of the Trail Easement, Access Easement and Parking Easement as set forth in
Section 1 and this Section 2. If Grantee disturbs, damages or destroys any of the easement areas or
any of the landscaping or improvements located therein during its exercise of its rights or the
performance of its obligations under this Easement, Grantee shall, at its sole cost, promptly restore
the same as nearly as possible to the condition it was in immediately before the disturbance,
damage or destruction. Grantee shall coordinate its activities within the easement areas with Grantor,
its agents or licensees, so as to ranse minimum disruption to the business activities being conducted on
the Property.
3. Construction. The design of the public recreation trail shall be at the sole
discretion of the Grantee. Grantee agrees to make reasonable attempts in designing and
constructing the public recreational trail to accommodate and not to interfere with any plans for
2321'038\86565.04 2 of 11
development by Grantor on the Property. Grantor shall not bear any portion of the costs of
designing, engineering, constructing. or maintaining the trail
4. Maintenance. Grantee. at Grantee's sole cost, shall regularly maintain and repair
the trail; all trail, access and parking signage signage; and the Trail Easement area from the water
line to a line (the "Five -foot Line") which is parallel to the trail and five (5) feet landward from the
land side edge of the trail. Grantee shall maintain the trail so that it at all times complies with all
applicable requirements of a fire lane for the building constructed on the Property. The Grantor. at
Grantor's sole cost, shall regularly maintain all landscaping and grounds from the land side edge of
the Trail Easement area to the Five -foot Line. 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. Grantor shall have no duty to monitor the condition of the
Trail Easement area. Grantor, at Grantor's sole cost, shall repair and maintain the Access
Easement and Parking Easement areas (except for signage).
5. Indemnity. Grantee shall indemnify, defend and hold harmless the Grantor and all
tenants or occupants of the Property from and against any and all claims, losses, damages or
CI liabilities of every kind and description (including attorneys' fees and costs) or any portion thereof,
arising from injury or death to persons or damage to property (a) occasioned by a negligent act,
omission, or failure of the Grantee, its officers, agents, contractors or emplo} ees, in maintaining the
trail or easement areas to be maintained by Grantee pursuant to Section 4 or (b) occasioned by the
use by the Grantee, its officers, agents, contractors or employees, or the public, of the Trail
j Easement, Access Easement or Parking Easement granted herein, except to the extent arising out
0 the gross negligence or intentional misconduct of the Grantor or the occupants of the Property.
6. Abandonment. This Easement has been conveyed and accepted by the City of
Tukwila for a public non motorized pedestrian and bicycle trail. Notwithstanding the terms of
Section I of this Easement, in the event of abandonment, vacation or relocation of the trail corridor,
the rights and interests in the above- described lands that are herein granted shall revert to the
Grantor, its heirs, successors and assigns.
7. Successors and Assigns. The terms, conditions, covenants and agreements
contained in this Easement shall extend to and be binding on the parties hereto and their respective
heirs, administrators, executors, successors and assigns, and the covenants contained herein shall
be construed as covenants running with the land.
8. Attorneys' Fees. In any proceeding brought by any party to enforce this Easement,
or any provision hereof, the prevailing party shall be entitled to the recovery of reasonable
attorneys' fees and all costs and expenses incurred inconnection therewith. The term "proceeding"
shall mean and include arbitration, mediation, or any judicial proceeding, including. appeals.
9. Governing Law. This Easement shall be governed by and construed in accordance
with the laws of the State of Washington.
10. Limited Liability. Any liability which may arise as a consequence of the execution
of this Easement by or on behalf of Grantor shall be an obligation of the Estate ofJames Campbell
and not the personal obligation of any trustee or employee of the Estate ofJames Campbell.
2321%038186565.04 3 of 11
11. Recitals and Exhibits. The recitals set forth above and the exhibits attached to this
Easement are hereby incorporated into this Easement in full.
12. Counterparts. This Amendment may be executed in any number of counterparts and
all such counterparts taken together shall be deemed one and the same instrument.
DATED as of the date first above written.
GRANTOR
THE TRUSTEES UNDER THE WILL AND OF
THE ESTATE OF JAMES CAMPBELL,
DECEASED, acting in their fiduciary and not in
their individual capacities
By:
GRANTEE:
2321`038 4 of 11
C.R Churc m Trustee
CITY OF TUKWILA
By L{
�-el t
Its ;t r
Al 1 EST /AUTHENTTICAT,ED:
Consented to By:
Acknowledgments attached
STATE OF HAWAII
CITY AND COUNTY OF HONOLULU
2321 .035. 3656504
My Appointment expires
KEYBANK NATIONAL ASSOCLATION
By: i]
Name: f<cCEtc o (4- f2So
Title: V. [p_ 4—
ss
Before me a Notary Public in and for said county and State, personally appeared the
above -named C.R Churchill, Tmstee, who acktowkdged that he/she executed the foregoing
Easement on behalf of THE TRUSTEES UNDER THE WILL AND ESTATE OF JAMES
CAMPBELL. DECEASED and that the same is his•her free act and deed as such Trustee and the free
r2 act and deed of said entity.
N
Dated:
e
cl
(Signature of Notary Public)
v
(Printed Name of Notary Public)
5 of 11
Consented to By: KEIBANKNATIONAL ASSOCIATION
Acknowledgments attached
STATE OF HAWAII
CITY AND COUNTY OF HONOLULU
Dated: in a' ck /g
By:
Name:
Title:
ss.
Before me, a Notary Public in and for said county and State, personally appeared the
above -named C.R. Churchill, Trustee, who acknowledged that he/she executed the foregoing
Easement on behalf of THE TRUSTEES UNDER THE WILL AND ESTATE OF JAMES
CAMPBELL, DECEASED and that the same is his/her free act and deed as such Trustee, and the free
act and deed of said entity.
gn ature o 'otar°
Public)
C C.C ugsiia ,e,Y
(Printed Name of Notary Public)
My Appointment expires l a. Id, 999
2321\038\8656i.01 5 of 11
STATE OF HAWAII
CITY AND COUNTY OF HONOLULU
'T2u7Tee
Before me, a(Notary Public in and for said county and State, personally appeared the
above -named D.A. Heenan, !l who acknowledged that he/she executed the foregoing Fasement on
behalf of THE TRUSTEES UNDER THE WILL AND ESTATE OF JAMES CAMPBELL,
DECEASED and that the same is his/her free act and deed as such Trustee, and the free act and deed
of said entity.
Dated:
STATE OF HAWAII
)s&
ina}ri /9,i999
C. X
(Signature of No r ry Public)
L.QuE5 n.egg
(Printed Name of Notary Public)
My Appointment expires
/4, /999
ss.
CITY AND COUNTY OF HONOLULU
Before me, a Notar} }P ublic in and for said county and State, personally appeared the
above -named Thomas C. Leppert, acknowledged that he executed the foregoing Fasement on
behalf of THE TRUSTEES UNDER THE WILL AND ESTATE OF JAMES CAMPBELL,
DECEASED and that the same is his free act and deed as such Trustee, and the free act and deed of
said entity.
Dated- rnCt-tek t9, /999
C. ti
(Signature of Nofary Public)
0. L. Qtte 5/neg_n
2321'03 8 6 of 11
(Printed Name of Notary Public)
My Appointment expires II J /C Rr 9 9
pi
STATE OF R ASHLNGTON
COUNTY OF
STATE OF COLORADO
ss.
COUNTY OF DENVER
I certify that I Imo\ or have satisfactory evidence that N U ,'(L y
is the person who appeared before me, and said person acknowledged thf( he /she signed this
instrument. on oath stated that he /she was authorized to execute the instrument and acknowledged it as
the y u:9,t i i of KeyBank National Association to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
1
Dated:r c C
CSiX,
(Signature or rotary Public)
iV1flR `L• a oA
(Printe9 Name of Notary Public)
My Appointment expires
SS.
2321 038 S6565.0-1 7 of 11
On this day personally appeared before me tjo W. Iji7 to me !mown to be the
Mayor of the CITY OF TUKWILA, a Washington optional municipal code city that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipality for the uses and purposes therein mentioned, and on
oath stated that IP, is authorized to execute said instrument.
d Y.�rn7 4 0
GIVEN under my hand and official seal this 2q day of _Ata, />Cl2 'e �Q9:.,
F.11
a. /L L
et
(Print name of
e'1 i:
NOTARY PUBLIC in and f.r tlieState =p1
Washington. residing. at
My commission expires j 7 r
LOT 4 OF TUKWILA SHORT PLAT NO. 77-45 AS RECORDED UNDER RECORDING NO.
7711080966, RECORDS OF KING COUNTY, WASHINGTON. (Also known as Parcel B of
City of Tukwila Lot Consolidation No. L -98-004 recorded under recording No. 9807069010.)
2321`03■26565.04
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY
8 of 11
That portion of lot 4. City of Tukwila Short Plat No 77-45 as recorded under King County
Recording No. 7711080966, Records of King County, Washington deschbed as follows:
Beginning at the Southwest comer of said Lot 4;
Thence Northerly along the West line thereof the following courses and distances N 22 °22'00"
E a distance of 71.45 feet;
C! Thence 14 18 °02'00' E a distance of 98.00 feet:
Thence N 14 °18'00" E a distance of 100.00 feet;
Thence N 20°04'00' E a dtstar.ce of 100.00 feet;
1 „i Thence N 33°29'00' E a distance cf 99.00 feet;
Thence N 43 °04'00' E a distance of 99.00 feet;
Thence N 44 °55'00" E a distance of 100.00 feet:
Thence 14 43°17'00" E a distance of 30.84 feet to the Northwest comer of said lot 4;
Thence S 78 °3510^ E along the North line thereof a distance of 64.58 feet;
Thence S 45 °11'39° W a distance of 158.43 feet;
v Thence S 44 °40'54' W a distance of 55.46 feet;
Thence S 39°36'30' W a distance of 69.72 feet;
Thence S 30°2703" W a distance of 59.18 (eel;
Thence S 20 °45'S9 W a distance of 56.54 feet;
Thence S 17°08'33"W a distance of 70.29 feet:
Thence S 16°41'18" W a distance of 60.83 feet;
Thence S 17 °40'56' W a distance of 54.60 feet;
Thence S 18 °12'07' W a distance of 55-64 feel;
Thence S 19°15'38 a distance of 51.43 feet to the South
line of said Lot 4;
Thence N 88 °49'10" W along sald South line a distance of
56,54 feet to the Point of Beginning.
A9SOCB1-502 Pape 1 of 1
}EGG Ine. Aupuu 19, 1998
EXHIBIT 5
LEGAL DESCRIPTION
TRAIL EASEMENT
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EXHIBIT B-I
Approximate Trail Location
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