HomeMy WebLinkAbout1988 - Amended and Restated Recreational Trail Easement - DT&C Partnership / City of Tukwila - 8803230047
.£ILEO FOR RECORD AT REQUEST L
TRANSAMERICA TITLE
INSURANCE COMPANY
•• 320 10&h Ave. N.E.
After recording, retui.t to: P.O. BOX 1493
• Peoples Mortgage Company Brhievme, WA. 98009
2411 Fourth Avenue, Suite 400
Seattle, WA 98111
Attn: Commercial Loan Dept.
. Monica Sqi: ;res
AMENDED AND'RESTATED
RECREATIONAL TRAIL EASEMENT
THIS AGREEMENir'is entered into • among D.T.6.C.
•-.Partnership, a Washington general partnership (hereinafter
referred to as "D.T.6 C."), Six Star Limited, a Washington
general partnership (hereinafter referred.to..as. "Six.S.tar"), and
the CITY OF TUKWILA, a. Washington optional municipal code city
•(hereinafter referred to as "the Grantee"). ..
• :WHEREAS', D.T.6C. has owned or had an interest it certain
real proper.ty (hereinafter referred to as "the Property") located
adjacent in the City of Tukwila;Wash•ington, more particularly
described .on Exhibit A attached hereto and incorporated herein by
this reeerenca, and
•
•RECta' . • •
o. N'• ..•:WHEREAS, Grantee•was then and is now in the process of
.1•• developing a public recreational trail system within. Grantee's •
0 ma corporate limits,'and
• WHEREAS,• D.T.6C. had agreed to grant an easement to
-.Grantee to develop the easement as an outdoor recreational trail
• for public.use.and Grantee had agreed to utilize the Property.fcr
such use according to certain terms and conditions, and
WHEREAS, D.T.6C. has granted to Grantee an outdoor
.recreational trail aaaement pursuant to that certain Recreational
'Trail Easement, a copy of •'hich Recreational Trail Easement was
filed with the King County Auditor on or about December 12, 1986
under Auditor's File No. 8612121251 (the "Recorded Easement"),
and
WHEREAS, D.T.6C. has subsequently assigned and
...transferred to Six Star an interest in and to the Property,
• subject'to'terms and conditions contained•in the Recorded
Easement, and
WHEREAS, the description of the outdoor recreational
;trail easement contained in the Recorded 'Easement is int•. curate,
and .
WHEREAS, the parties hereto desire to amend and restate
the outdoor recreational easement in accordance with the original
intention of D.T.&C. and Grantee.
IN CONSIDERATION of the mutual benefits and conditions
--hereinafter contained, the parties hereto hereby agree as
follows:.
• • 1. Termination of Recorded Easement. D.T.6C. and Six
Star:(coliectrvely hereinaf er referred to as "the Grantors") and
Grantee hereby terminate, rescind and revoke the,Recorded
Easement, and hereby waive any and all .rights they have or may
have thereunder. •
2. Grant of Easement. .Grantors. hereby oonvey and
,°-grant to Grantee, its.successora and. assigns., a' perpetual,
..nonexclu.sive.eae• .ent:("the Easement"):aeroes,.along,, in and upon
that portion Or we Property designated as "permanent easement
pedestrian trail" on Exhibit 8 attached hereto and incorporated .
herein by this referelieiriBEleot to.the following terms and
conditions, by which Grantee agrees to -be bounds
:CD0000i49A
EXCISE_TA:. NOT REQUIRED
. MnOca Records lxisica
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., _
.
2.1. Use of the Property. . Grantee's. user of. the
Easement.,shall.be for the purpose of landscaping, developing.and
''.maintaining the Easement for public recreational trri'1:purposes
and of•installing, maintaining and providing for.public use of •
.,,recreational o• trail facilities thereon.:..The use• of the: recreation
;•;trali.:wi11 be restricted to.pedestrian, equestrian end:bicycle
. • use:. Camping, campfires, the use of firearths,and.ai._ other
• ' activities that would be'inconsistent'.f.tith the.safe use. of, the '
•Easement by the.public will be prohibited:. In,addition to the •
restrictions on use provided herein, Grantee shali'have the power
to:.promulgate and enforcesuchother rules-and•regulat,ions for....
use -of the trail by the public as it may deem;tit and.proper .to
• promote safe and eguitable.use.•
.
2.2. Construction and Maintenanee...:The design of
..:,the.public recreation trail shell be in -the sole discretion of
the Grantee, provided, that. the design and landscaping of the
trail, shall be consistent and in harmony with'.. the Grantors.'.
-ctr :.....improvements and landscaping on the rest of the'Property.''
Cj Grantee agrees to make reasonable attempts'in'designing the
public recreational trail to accommodate.any.plans for..develop-
'ment.by•Grantors on property adjacent to"the'trail. All. design,'
;• engi:,eeriny and construction costs incurred'in..complet'ing the
':trail shall be at the sole cost and expense of. the Grantee.
Grantee.shall be responsible for all maintenance and maintenance
costs incurred with respect to the trail. . Neither the,existence
of:the Easement, the construction of the trail;.nor the use of
• the..trail.shall in any manor adverseiy.:affect'the Grantors' use
of the Property or result in the elimination or'reduction of
current or potential parking stalls, driveways or.other such use.
or•improvements. During construction of the trail, Grantee may
• 'use the additional ten (10) foot wide space designated on
,Exhibit B as "construction easement for trail," for the sole
'.purpose of'constructing the trail. Once construction':of the
• ::trail has commenced, such construction.sh811 be continued in a
•'-diligent manner until completion, at whlch;:time the additional
..ten. -(10) feet for the construction easement" -shall terminate.
--During trail construction Grantee shall keep the construction •
• area in an orderly.. and neat condition Subsequent.. to
-.Construction of the.trail Grantee shall likewise maintain'the
trail in a neat and clean condition.
2.3. Timing of Construction..The'Grantors.and
.`Grantee understand and agree that the time at.which the Grantee
• will develop the recreational trail is unknown at 'present because
•df the necessity to acq,iire additional right-of-way'and the
• funding'. necessary to construct the trail, but.;,Wi11 in no event be
'
.•:construction. Grantee shall,not be responsible, however, for
paying .he met of relocating or reinstalling such improvements,'
or •for...p.tying the. cos,s of installingsuch improvements incurred
by.the Grantors, or for paying the 'Cost of replacing said
improvements. Grantee's approval of.landscaping:or other ._
.development by the Grantors in the easement area. shall not
...constitute a waiver of Grentee's•rights under this easement to
construct and maintain the recriatioi,al trail,. nor shall. any
•
CDH00014gA
—•
• 014 2 OP THCCOii, TT0RNEY
• • .%
cl!tlay in construction of such trail constitute an abandonment or
release of'the fight to develop such trailby the grantee.
. .
• -, . ..• • .. ' .
, . ..
. , • .. • .
. ... •, • - • .'"- 2.4: Indemnity: Grantee shall indeMnifyi defend . ' ' ' ' . •
Rndchold hatmlesethe 'Grantors frail and:igainat'ady and all -: .. --,-. , ', ,',,.. • -
_ •,,...-,,:_ 'i. ciSiis,losies...ox liability, or any portion thereof, tarisingfrOM
,• . • . •.
- _-.
!,..'!... ,... . • . t
•
.,.• agents and. employees, in constructing and maintaining the.recrea-
STATE OF WASHINGTON .
. .
. •
COUNTY OP KING. * )
I certify that /. know or have'n;stistnctitry.evldenCe
.„
. . %thatthat/444y VAu5A44,, . signea,this'ifietrdMent, on. oat h stated •
• ' — was authorized tO eie
instrument andacknowiedged tobe7the free and 061untary.act of
dittethie
such party for the uses and purposesmentIOned in the instrument:
• •• •
. STATE OF WASHINGTON
. coUNT* OF KING •
rrIC°: 'that.:
• that
instrumen an
-'0Uch'party for
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•••••,••••••••-i-to—..'
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fy that I know or have egilifactory evidence
signed this instrument, on oath stated
was authorixed:tO,eXecute this
acknow e ged to be the free.and.voluntarynct,of
the uses and purposes mentioned in the.instrument.
D
e
Tit
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My appo ntmen
exp res
• STATE OP WASHINGTON
).:as.
7 :i• ... ....• . .................
1 .
•
COUNTY OF KING ..)
•
. , :• „ . . :*
. . . . • ,, !
I certify that I knownr have satisfactory.evidence EMSX.' '• :y
Gary L. 'Van Dusen.ead Maxine Pnderson signed tills instrument, on;, •4..,"
• ..
•
CDH000149A
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EXHIBIT'A
LEGAL DESCRIPTIONS
TOTAL PARCEL:
Tracts 4,5, 6 and 7, Block 15 of Hillmar'a Seattle Garden
Tracts, as per piat•recorded in Volume 1'. of Plats, on Page
24,111ecords of King County, EXCEPT, the northeasterly 40 feet,
thereof, condemned by King County for road purposes (now ;
• •kno:in as•Interurban.Avenue)•in King County Superior Court
••:Cause.No. 109001; .situate in the Town of Tukwila..County of
King,;State of Waahingtor. ,
LESS..the following by Condemnation No. 704726 • to .the, State.;.of.
Washington:
ALL that. portion •of the above•. described .Tracts lying easterly.
of. a _;bine . described: as •follows: Beginning at a point opposite:..
'..Highway Engineer's Station P.O.T.'95+81.69 Ahead Equals P.O.T.
• :95+28..4:6. -..Back and a 'distance -of-40 feet westerly, when measured •
.. at right Angles, from the center line'of•SR 181, South Corporate
'a'. • Limits; of. Tukwila to Foster Interchange;, thence northerly parallel
•.with:sai& center line to.the.North.line Of Tract'7`and the:end .
of this'line description.
SUBJECT -TO an easement for driveway purposes over the southerly
-5..feet of the.easterly.315 feet of.Lot 4, EXCEPT the northerly
• .40 feet, 'thereof, as disclosed by. Deed recorded- Aprii 17,'1950,•
,. .,under. -Auditor's File. No. 4006073, reference to which -record is '!•
made.for further particulars.
LOT A
That.portion-of Trac:.s 4 anA S. Block 15 of.Hillmans's Seattle 7.'
'Garden Tracts as recorded in Volume 11 of Plats, page 24, re-
cords -.of King county, Washington more particularl} described '
as follows:
COMMENCING at the southwesterly corner of said Tract 4; thence.
North 68°35'06" East a1 ng the southeasterly line thereof,
136.34 feet TO THE POINT OF BEGINNING; thence North 06°19'04"
West,;'207..31 feet; thence North 68°35'06" East,195.00 feet to
the..westerly margin of Interurban Avenue (S.R.'181); thence
South 21°24'54" East along said margin, 47.00 feet; thence
North 68°35'06" East, 10.00 feet; thence South 21°24'54".East. _•
still ;on -.the west roadmargin, 153..1.7. feet" thence South 58°35' •'
06" West' along the said South line of °Tract 4,.259.00 feet to
the POINT OF BEGINNINGS .
Subje.t,•to a driveway easement over the southerly 5 feet there -
:of as contained"in a Deed'recorded•�April 17;;,1950, under._ Auditor's--"
File No. 4006073. • .
•
•
Subject for a; common .driveway• easement ove:,a portion of the
•
-.northez.Ty•2.99feet thereof more particularly described as follows'
M
BEGINNING rt. the northeaaterly:corner of Lot A; thence South
•21°24•'.5.4" East along the'road•margin, 29.0 feet; thence South
68:35 06 West, 130.0 feet; thence North 21°24'54" Nest, 19.69
'feet; .thence along a curve to the left having a radius of 7.50
•.feet,.,through a central angle of 67.38'09" en arc distance of '
8.AS.frott thence North 99°03'03" West, 6.25 feet to the north-
erly•linc of Lot At thence North 68.35'06" Eaet Along said
:•northerly line, 140.43 feat to the POINT OF BEGINNING.
File No. 4287-86
11/13/86
EXHIBIT "A" (Continued.
LOT B
•
• That portion of Tracts 4, 5, 6 and 7,.Block 15, of Hillman's.
Seattle Garden Tracts, as recorded in VolLme 11 of Plats, on
Page 24,. Records of King County, Washington,. more. particularly
described as follows!
' 8EGINNING at the So4thwesterly corner:of'said.Tract 4; thence -
:North 21°24'54" West along the Westerly line thereof, 353.01
feet; thence along the Southeasterly margin of 59th Place South,
curve to the left,,the center of which bears North
*f.:71-"54,19" West, having a radius of 65; feet;.•through;a• rani : s1
• angle:of 17°28'10", an arc distance•19.82 feet). thence North*
00°37•'31" East; 'still en the ,>roadmargin, 60:10••feet to' the•
• Northerly, line of said Tract .7; thence .North•. 6.8."35' 06"'East; •
enfd.t.rnct line, 157.69 feet; thence:South21°24•!54" East,
12:5.51".Ccet'; thence South 06°19'04".East, 20.7.33 feet to the '
•• • : •Southerly Tine of Tract 4; .thence .South. .68°35'06 Westa•l'ong'sa'id
".'Southerly line, 136.34 feet to the POINT.OF:.BEGINNING. •
SUBJECT TO.a driveway easement over the, Southerly 5..feet.of the
Easterly 16 feet thereof., as recorded hderAuditor:'s File No.
400.6073.
LOT .0
• _Tha:t•.portion of:Tracts 6 and 7, Block 15, o'f;.Hil.lman's Seattle
-Garden Tracts, as. recorded in Volume 11 of Plats, on -Page -24;..
'Redords..of Xing County;.Washington. •
EXCEPT the Northeasterly 40.feet thereof, and LESS an additional
l0. feet along the Northeasterly line thereof,, and particularly .
described as follows:
.Y..Commencing at the -Northwesterly .corner of said Tract 7;.!thence
:North 68°35'06" East; along the Northerly 'line thereof,•157.69
.• feet.sto.the POINT OF BEGINNING; thence 'continuing North 68°35'06"
•:..Enst; 195.00 feet to.the Westerly margin.of Interurban Avenue
••'South (S.R. 1811; thence South 21°24'54" Eact along said margin,
225:;&1 -feet; thence South 68°35'C" West, 195:'00 feeWthence •
•North:.21°24'54" West, 725.51 feet -to the POINT OF BEGINNING. •
TOGETHER WITH a common driveway easement described as follows:
BEGINNING at the Southeasterly corner of Lot'C; thenee•South
.2l°2.4184" East along the road :margin,- 29.0 feet; thence •South
•!•.68°35'46" West, 130.0 feet;•thence North':.21°24'54" Waet,-19.69'
feet,•. thence along a curve to the left, having_&'radius of 7.50
feet,..through a central angle of 67°38'09"; an' arc distance of
• 8:85.feet; thence North 89°0'3'03" Weet,•6.25 feet•to the7North-
- er•ly :line of Lot 'A; thence •North 6:,°35'06" East' along. said
.Northerly line, -140.43 feet to the POINT OF BEGINNING: .•-
.••'SUBJECT TO a temporary construction easement for a pedestrian
trail over that portion of the lot describedas:'followe:''
• 'reEGINNING• at tP.e Northwesterly corner of 'Lot Cr• thence -North •
-
68°35'06'" East, along the Northerly -line thereof, 195.00 feet;
thence .South 21°24'54" East, along the road margin,.20.00 feet;
'.•thetics:Bouth 68°35'06".West, 105.00 feet; thence South 28°46'46"
We's:h., 117.15' feet to the- Westerly. rot 1ines .thence :Nor.th‘-121"24!54."
'•Wes•t along said Westerly line, 95,:00 .feet- toithe . PoiNT. OPl BEGIN
NINC.•
• SUBJECT:TO,a permanent trail.easemont over the:•.foliowing deseri-
bed 'Parcol i..
• .BEGLNNING et the Northwesterly corner of LotYCrthence•North
:.,68"•35'06".East, alc•ig the Northerly line.thereo.f•,:195.00 feet;
.;thence emith 21°24'54" East thence.Soutiv 68°35'06".west,0105. h
00feet the aathencenSouth.25°13e18"•'
'West, 123.,79 feet to the Westerly lot line; thence North.
..21°-24'54" West along said Westerly line; 15.00 feet to the
POINT OF BEGINNING.
•
File No. 4287-86
11/13/86
•
et'cO3•w
•
DRIVEWAY
.EASEMENT,
,;. DETAIL
NOIES s • '.
1. WORE ARE AU,,M 0
•�.s MENT.S.W/TN/N dT C. .
•", r,' 190'OO �� �
E. THERE ARE E NO E 4GH'
• NEWTS ON O?ANY IK4G17E0
• ` ` ` ' ' 1 .� PARCELS 0440PRISI E &OTC.
P4RCEL. (,xs�rA ) '.
COT7C/TY.QN 7U1k'W/LA, SHORT ACAT NO. 86 -62 -SS
`HEC0ROEO !/N06* A[IGYTOeV •F/LE A•'O. 'BG/E/O/OSQ
•
A60RESS.; /460/ / /TERI/ROAN ;4VEM'JE 'S0
nIA'W/G:4, WA. • 90/60'•
CERTIFICATION ''• .
.;1, hereby certify ,that the map 'hereon is
Ia true and.aorrectcopy of the .urveyt
• and that the demsnaions shown hereon are
correct.and that there ars no encroachmste
orovsr laps according to measurements:
made ,�.tL /7 . 19 17 .
In conformity •ith the standards covering
registration
✓O8 Ma' 4287 .111N11/9, /947
.. .
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8612101050
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Return to:
SHORT PLAT NO. B6-42'55
TUKWILA, WASHINGTON
APPROVAL
Reviewed and approved by the Short
Subdivision Committee and hereoy
certified for filing this 3"'
day of pszliageoef... . 1986.
armn, or uayson ammife
Filed for record at
the request of:
M.N.Sandler 6 Assoc., Inc.
• Name
Planning.Department
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washtagton 98188
LEGAL DESCRIPTION
SEE EXHIBIT A
114287-86
„3it r3 o - /.37a
.F
0
86/12/10. *1050 D
RECD F 9.00
REV 5 15.00
DEPARTMENT OF ASSESSMENTS
EXAMINED AND APPROVED THIS /I)
oay of The , 196
ASSESSOR
DCPUTY ASSESSOR EN a