HomeMy WebLinkAbout1994 - Recreational Trail and River Bank Dike Easement - John C Radovich Development Company - 9408261547RECREATIONAL TRAIL AND RIVER BANK/DIKE EASEMENT
THIS AGREEMENT is entered into between John C. Radovich, Development
Company (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, the City of Tukwila and other agencies require access to the river
bank for maintenance, monitoring, construction of future possible dike /levee and /or
river bank stabilization improvements, 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
I` assigns, a perpetual, nonexclusive easement across, along, in and upon, the Property
4 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:
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X 1. Use of the Property. Grantee's use of the Property shall be for the purpose of
vr landscaping, developing and maintaining the Property for public recreational trail
M 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.
Access to and also maintenance, monitoring, construction of riverbank stabil-
ization and /or new dike /levee systems by the City or other public agencies, will be
carried out on this easement.
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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 new gravel base and asphalt 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 Grantor shall maintain all
grounds up to the edge of the asphalt trail on the land side of the asphalt trail. The
Grantee shall maintain the asphalt trail and all lands towards the river as it relates to
trail use. 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.
Recreational Trail and River Bank /Dike Easement
Page 2
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.
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.
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Executed by the Grantor on
Executed by the Grantee on
,1994.
,1994.
GRANTEE:
CITY OF TUKWILA
OAPI/ �'tO- w.
I W. Rants, Mayor
ATTEST/AUTH ENTICATED: HE
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney u
GRANT
Jqtqw C�. VI PMENTC
C Radc
Recreational Trail and River Bank /Dike Easement
Page 3
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GRANTEES
City
STATE OF WASFIINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that John W. Rants and Jane E.
Cantu signed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as the Mayor and City Clerk of THE CITY OF
TUKWILA to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
AJ W
ter
PUBW
*ASN
GRANTORS 0 :881861sN o
Corporate
STATE OF WASHINGTON
ss.
COUNTY OF
Signature Public
Title
My appointment a ires —�1—
I certify that I know or have satisfactory evidence that signed this
instrument, on oath stated that were authorized to execute the instrument
and acknowledged it as the of to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated
Signature of Notary Public
Title
My appointment expires
Individual
STATE OF WASHINGTON
ss.
COUNTY OF k
I certify that I know or have satisfactory evidence that 0 �4� signed this
instrument and acknowledged it to be A;5 free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated
Signa a of Notary Public
Title
My appointment expires
OkIBIT A (1 OF 2)
FORT DENT OFFICE PARK
LEGAL DESCRIPTION EASEMENT "A"
THOSE PORTIONS OF PARCEL 1 AND PARCEL 2 OF CITY OF TUKWILA SHORT
PLAT NO. 79 -7 -SS RECORDED UNDER RECORDING NO. 7908210370 RECORDS
OF KING COUNTY, WASHINGTON, LYING WESTERLY AND NORTHERLY OF THE
FOLLOWING DESCRIBED COURSES AND DISTANCES:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1; THENCE S
711
K .l,
o'
37 0 36 1 40 11 E ALONG THE WEST LINE OF
SAID
PARCEL 1, A DISTANCE
OF
10.95 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N10 0 07 1 02 10 E,
A DISTANCE OF
45.24
FEET;
THENCE N29 0 10'04 "E,
A DISTANCE OF
47.93
FEET;
THENCE N34 0 50 1 49 11 E,
A DISTANCE OF
59.94
FEET;
THENCE N41 0 01 1 47 "E,
A DISTANCE OF
20.76
FEET;
THENCE N45 0 21 1 23 "E,
A DISTANCE OF
48.12
FEET;
THENCE N51 0 5'5 1 02 "E,
A DISTANCE OF
71.71
FEET;
THENCE N54 0 52 1 37 11 E,
A DISTANCE OF
31.08
FEET;
THENCE N56 0 23'39 "E,
A DISTANCE OF
24.26
FEET;
THENCE N57 0 09 1 15 11 E,
A DISTANCE OF
42.27
FEET;
THENCE N75 0 10'38 "E,
A DISTANCE OF
43.39
FEET;
THENCE N36 0 24 1 21 11 E,
A DISTANCE OF
36.28
FEET TO THE SOUTHERLY
LINE OF A PARCEL OF
LAND CONVEYED
TO THE
CITY OF TUKWILA BY
INSTRUMENT RECORDED
UNDER RECORDING NO.
7908230299, RECORDS
OF
KING COUNTY, WASHINGTON, AND THE TERMINUS
OF SAID DESCRIBED
COURSES AND DISTANCES.
-4
EXCEPT THAT PORTION
THEREOF CONVEYED TO
THE CITY OF TUKWILA
BY
INSTRUMENT RECORDED
UNDER RECORDING NO.
7908230299, RECORDS
OF
C�
KING COUNTY, WASHINGTON.
0
711
K .l,
o'
FORT DENT OFFICE PARK
9 EXHIBIT A 2 OF 2)
LEGAL DESCRIPTION EASEMENT "B"
THAT PORTION OF PARCEL 2 CITY OF TUKWILA SHORT PLAT NO. 79 -7 -SS
RECORDED UNDER RECORDING NO. 7908210370, RECORDS OF KING COUNTY,
WASHINGTON, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2;
THENCE N63 ALONG THE SOUTHEASTERLY LINE THEREOF, A
DISTANCE OF 454.80 FEET TO THE TRUE POINT OF BEGINNING OF SAID
DESCRIBED LINE;
THENCE N15 A DISTANCE OF 40.76 FEET TO THE WESTERLY LINE
OF A PARCEL OF LAND CONVEYED TO THE CITY OF TUKWILA BY INSTRUMENT
RECORDED UNDER RECORDING No. 7908230299, RECORDS OF KING COUNTY,
WASHINGTON, AND THE TERMINUS OF SAID DESCRIBED LINE.
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY
INSTRUMENT RECORDED UNDER RECORDING NO. 7908230299, RECORDS OF
KING COUNTY, WASHINGTON.
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