HomeMy WebLinkAbout1991 - River Protection / Recreational Trail Easement - Bedford Development Company - 9112171259Filed For Record At The Request Of
9112171259
King County Real Property Division
RIVER PROTECTION /RECREATIONAL TRAIL EASEMENT
th
THIS AGREEMENT made this ? r day o
6- 1991 -018
DUWAMISH RIVER
between !,&l)Fv/2 () n,CVE4 -0P 4 F v l 1-
m GRANTOR, and King County, a political subdivision of the State of Washington,
the City of Tukwila, Washington and the Green River Flood Control Zone,
District as tenants in common, as GRANTEES:
WITNESSETH: The Grantor, in consideration of mutual benefits, receipt
rm.(
of which is acknowledged, and the benefits which will accrue to the land of
VeGrantor . by the exercise of the rights herein granted, do hereby remise,
r-1 release, and perpetually grant unto the Grantees, as tenants in common, thier
G9 successors and assigns, an easement and right of way for the purposes
hereinafter stated along the left bank of the Green /Duwamish River, within a
r'(strip of land as constructed or reconstructed on the following described
property:
That portion of revised Lot 3 of City of Tukwila Boundary Line Adjustment No.
91 -4 -BLA as recorded under Recording No. 9105231162, records of King County,
Washington, lying Northerly of the following described line:
SEE ATTACHED EXHIBIT "A"
Said easement and right of way is based :4: i:•e •.;
following agreements:
1. The grant contained herein is a covenant running with the land.
2. By the acceptance of this grant the Grantor and Grantees mutually
agree that this instrument does hereby supersede, extinguish and relinquish
those certain instruments and rights acquired under Recording Nos. 5479828
and 5928214.
3. This easement grants and conveys to the Grantees those rights and
interests in the real property herein described as authorized in Sections
86.12.020, 86.15.080, 86.15.100 and 86.16.120 of the Revised Code of
Washington (RCW).
4. No structure, fill, or obstruction shall be permitted within the
River Protection Easement unless otherwise approved by the Grantees.
5. No party shall take any action on the described easement that would
injuriously affect or render the easement appreciably less convenient and
useful to any one of the other tenants in common.
6. Grantor and Grantees are subject to the terms and conditions as
described in Exhibit "B ", attached hereto and incorporated herein by this
reference as if set forth in full.
Page 1 of 2
VER PROTECTION EASEMENT
PUWAMISH RIVER
Together with the right to enter upon the above described lancl to
conrt.ruct, reconstruct, maintain, and repair a bank protection and/or other
flood control works, including all appurtenances thereto, together with right
to trim, cut, fell and remove all such trees, brush, other natural growth,
and obstructions as are necessary to provide adequate clearance and to
eliminate interference; with or 'hazards to the structures.
The consideration above mentioned is accepted, as full compensation to
the exorcise of the rights above granted.
To have tend to hold, all and singular, the said easement and right of
way together with appurtenances unto Grantees, thipr successors and assigns.
IN WITNESS WHEREOF, j C:rtntor h
year first above written.
By:
IIy:
ed this instrument the day and
El)FOIX1) DEVE
COMPANY
- t2t5jn
'\/ 19)2F.11:6.0
OR
GRANTOR
STATE OF Wigam )
Rt1 COSTA) ss
COUNTY OF )
On this day of 19 ` / , before me
me personally appeared
and b- 5 (C- /C- --
to me known to be trh
and
of the corporation that execu•ed the foregoing inmtruwtrt, and acknowledged
said instrument to be the fr and voluntary act and deed of said corporation
for the uses and purposes therein mentioned, and an oath stated that
is authorized to execute said instrument, and that the seal affixed is the
corporate seal of said corporation.
GIVEN under ' my hand and official seal, the day and year last above
written.
1/i c.rL .Pre Sr GL2.n 'C
r1vrprot.bum
NOTARY PUBLIC in lad for ti ?3 Sta
residing at; _
My appointment s
Page 2 of 2
OFFICIAL SEAL
LISA A. KUHN
NOTARY PUOUC — CALIFORMA
CONTRA COSTA COUNTY
My commiuion esOu Jaw 21, 1111
EXHIBIT
•Itag at the Morthwtt corner cdf said revised Lot, 3, said,
WHIe. at corner being on, Lh4 et line ol said revited Lot 3';
them,. ,-Iputh 40, 36' 0.0West along eald w AO; lime, a distance,. cf
10.00 't, to the point 01 beginningof th described. line, said
pintf,l, ginning befog on, a curve aancava to the North Apt whose
nadimor Ot he re North 53, 18" 10' Et and is 500,00 feet
di itan14..V East rly slong said curve, through a, central, angl .
of 30, 41 an, axe distance of 267.72 feet; thence South.. 67, 02'
31" Nast1.2,- 2,54t.fe r to a. curve concave to the Worth; thence
Masterly ' )4 Ad curve having a. radius of 200.00 feet, through,
a. central at .",(xf 45. 35' 00" an, arc distance of 159.12 feet;
thence Nortli ,r42 29" East, 13.44 feet tn a curve cantave to
the Nerthwestrtheno • northeast riy along said curve, having a
radium of" 400.0Nk1
arc distance of b.
feet to a cure
said corvo having
of 3 55' 12" an Igj�IEance of 215.13 feet; thence South 80.., 34'
17° East, 43.15 to a carve concave to the Bona; thewc
East(mly and scathe& t ea id curve having radius of
325.00 feet, through, a, o tra4an9le cii' 40 10' 17' an. env distance
of 222.82 feet; thrir S 24' 00' East, 27.68 f et, more or•
lea. 0 to a point on,. th,. n' eistorly lioecf aaidr vised, Lot 3
from obkch the most Easterl ' rner of neviaed Lot, 3 boars; North
40 36' 00" EaAt nnd in 5.''Aset distant, said point being the,
terminus of this, d scribed 104,J
..4!'„ through a central„ angle! of 14 52" 10" an
feet; thence North, 51, 30' 11" East, 120.00
4( a to th Southeast; tb no Easterly' along
of 325.00 feet, througb a, central ahll,
EXHIBIT "B"
1. Use of the Easement. The City of Tukwila's (City). use of the Easement
shall be for the purpose of landscaping, developing and maintaining the
Easement for public recreational trail and road purposes and of installing,.
maintaining and providing for public use of recreational facilities thereon.
The use of the recreational trail will be restricted to pedestrian and
bicycle use. The use of the road will be for vehicular traffic. Camping,
campfires, the use of firearms and any other activities that would be
inconsistent with the safe use of the Easement by the public will be
prohibited. In addition to the restrictions on use provided herein, the City
shall have the power to promulgate and enforce such other rules and
regulations for use of the trail and /or road by the public as it may deem fit
and proper to promote safe and equitable use.
2. Construction and Maintenance. The design of the public recreational
trail and /or road shall be in the sole discretion of the City. The City
agrees to make reasonable attempts in designing the public recreational trail
and /or road to accommodate any plans for development by Grantor on property
adjacent to the trail and /or road. All design, engineering and construction
costs incurred shall be at the developer's and /or City's expense. The City
shall be responsible for all maintenance and maintenance costs incurred with
respect to the trail and /or road. The construction and maintenance of trail
and /or road systems and associated landscaping shall be in accordance with
the most current riverbank stabilization studies conducted for this easement.
3. Timing of Construction. Both parties understand and agree that the time
at which the City will develop the recreational trail and /or road is unknown
at present because of the necessity to acquire additional right -of -way and
the funding necessary to construct the trail and /or road. Grantor and the
City agree that Grantor may, with the prior written consent of the City, make
temporary improvements to the Easement pending construction of the trail
and /or road. The City shall have sole discretion in determining whether or
not to approve any improvements in the Easement which would interfere with or
be inconsistent with the City's use of the Easement for a recreational trail
and /or road. In the event that improvements are made on the Easement with
the City's consent, the City shall bear the cost of removal of such
improvements at the time of trail and /or road construction.
The City 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. The City's approval of landscaping or other development
by the Grantor in the easement area shall not constitute a waiver of the
City's rights under this easement to construct and maintain the recreational
trail and /or road, nor shall any delay in construction of such trail and /or
road constitute an abandonment or release of the right to develop such trail
and /or road by the City.
4. Indemnity. The City 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 City, its
officers, agents and employees, in constructing and maintaining the
recreational trail and /or road.