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Home My WebLink About1994 - Recreational Trail Easement - SARES / REGIS Group - 9408261546T RECREATIONAL TRAIL EASEMENT C� d' e■1 GD O C? 0 A s g 0 U K CJ Y d 0 0 cm a N Q C" ST THIS AGREEMENT is entered into between SARES /REGIS Group (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 Duwamish 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 Duwamish /Green River within Grantee's corporate limits; and 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 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, 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 Proper" ty shall be for the purpose of 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 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; provided, however, that none off the same shall expand Grantee's rights hereunder or otherwise be inconsistent with the terms set forth herein. 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 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. The Grantee shall maintain the asphalt trail area and concrete sidewalk. Maintenance by the Grantee shall include painting of a line to designate the bicycle lane, bicycle lane symbols on the asphalt trail, signage and an appropriate driveway center line in the Grantor's entrance driveway that parallels the trail easement. 3. Indemnity. Grantee shall indemnify, defend with Counsel reasonably satisfactory to Grantor, including attorney's fees and expenses of litigation, 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 trail and of the use by the public of the recreational trail. r Recreational Trail Easement Page 2 4. 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 ez_lelt 4 U Executed by the Grantee on 4 -Z ,1994. ,1994. G TEE: Y OF TUKWILA w,, vv\ V .Zc' r Steve Mullet, Mayor Pro Tem A ST /A THENTICATED: JANE E. C�ANTU, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ilk Ca fl d" GRANTOR: Sally P,/Alhadeff u SARES /REGIS Group Vice President /Regional Manager T.C.A., INC.* I* EXHIBIT SURVEYORS (:NGIN6LRS nEVF,f_OPHENT C'r MVILTIAT5 r.�, i 409 THIFID AVENUE SOUTH KE(JT, WA 9(7032-5898 TFLEPHONE 206) 854.2043 FAX 1208)854 -2053 RECREATIONAL TRAIL EASEMENT THOSE PORTIONS OF PARCELS "A "B "C" AND "D OF EXHIBIT "A" TUKWILA COMMERCE PARK, OF THE SPECIAL WARRANTY DEED RECORDED UNDER RECORDING No. 9012281079, RECORDS OF KING COUNTY, WASHINGTON, HEREBY REFERENCED TO AND MADE A PART HEREOF, LYING NORTHERLY OF THE FOLLOWING DESCRIBED COURSES AND DISTANCES: C.� d' C8 0 COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 2, GATEWAY CORPORATE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 144 OF PLATS, PAGES 23 THROUGH 25, RECORDS OF KING COUNTY, WASHINGTON; THENCE N00 0 41'14 "W ALONG THE WEST BOUNDARY OF LOT 7 OF SAID PLAT, A DISTANCE OF 314.29 FEET TO THE TRUE POINT OF BEGINNING OF SAID DESCRIBED COURSES AND DISTANCES; THENCE S89 0 18 1 46 11 W, A DISTANCE OF 69.25 FEET; THENCE S80 0 11 1 29 11 W, A DISTANCE OF 86.42 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 500.69 FEET; THENCE WESTERLY 34.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 0 56'44" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 673.17 FEET; THENCE WESTERLY 46.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 0 57 1 59 THENCE S80 °10'14 11 W, A DISTANCE OF 62.67 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 164.09 FEET; THENCE SOUTHWESTERLY 31.90 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 0 08 1 16 THENCE S69 0 01 1 58 11 W, A DISTANCE OF 74.56 FEET; THENCE S67 °27 11 W, A DISTANCE OF 26.69 FEET; THENCE S70 0 35 1 11 11 W, A DISTANCE OF 77.53 FEET; THENCE S64 0 53 1 01 11 W, A DISTANCE OF 247.86 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 235.44 FEET; THENCE SOUTHWESTERLY 71.45 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 0 23 1 14 THENCE S47 0 29 1 47 11 11, A DISTANCE OF 95.36 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 197.00 FEET; THENCE SOUTHWESTERLY 97.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 0 24 1 13 THENCE S75 0 54 1 00 "W, A DISTANCE OF 163.66 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 360.00 FEET; THENCE SOUTHWESTERLY 109.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 0 23 1 50" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 75.00 FEET; THENCE SOUTHWESTERLY 33.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 0 52 1 15 THENCE N57 0 22 1 05 11 W, A DISTANCE OF 26.29 FEET; THENCE S77 0 27 1 10 11 W, A DISTANCE OF 38.04 FEET; THENCE N57 0 53 1 11 11 W, A DISTANCE OF 78.92 FEET; THENCE N32 0 06 1 49 11 E, A DISTANCE OF 60 FEET MORE OR LESS TO THE LINE OF ORDINARY HIGH WATER OF THE DUWAMISH 1 1 INUS OF SAID DESCRIBED COURSES AND DISTANCES. fG June 9 1994 JN 93033 -E s 5 3/') 6 14 m c m