HomeMy WebLinkAbout1991 - River Protection / Recreational Trail Easement - Bedford Development Company / GRFCZD - 9112171259Filed For Record At The Request Of
King County Real Property Division
RIVER PROTECTION /RECREATIONAL TRAIL EASEMENT
h
THIS AGREEMENT made this day of r�wv+�Je✓
6- 1991 --018
DUWAT RIVER
19. 1V
between f'.l) X02 l�C'vE� -v �M F l L-C' f ,4,tx
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
of which is acknowledged, and the benefits which will accrue to the la:icl of
L Grantor. by the exercise of the rights herein granted, do hereby remise,
1--Irelease, and perpetually grant unto the Grantees, as tenants in common, thier
c isuccessors 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
r--( 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:
t
N
N
SEE ATTACHED EXHIBIT "A"
Said easement and right of way is based upon and subject to the
following agreements:
1. The grant contained herein is a covenant running the land.
2. By the acceptance of this grant the Grantor and Grant(--es 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 cond:i_tions as
described in Exhibit "B attached hereto and incorporated he.rei.n by this
reference as if set forth in full.
Page 1 of 2
RIVER PROTECTiON EASEMENT
DUWamish RIVER
Together with the right to enter upon the above described land to
construct, reconstruct, maintain, and repair a bank protoation and /or other
flood control works, including all appurtenances thereto, together wri.th right
to trim, cut, fell and remove all such trees, brush, other natural growth,
and obstructions as are necessary to provide adequate clearer. nce and to
eliminate interference with or 'hazards to the struoture:s
The consideration above mentioned is accepted as full oompent;a,t;.son to
the exercise of the rights above granted.
To have rind to hold, all and :singula.r, the said easement: and right of
way together with appurtenances unto Grantees, thipr successors and as signs.
IN 'WITNESS WHEREOF, C(.•anto ha si Aed this
year first above writtexa.
E )FO DEVE1. P NT COMPANY
A rnia •0 P"-; =�n
By OR
By:
V GRAN'T'OR
STATE OF A
COUNTY OF Jfi j& COSTAE gs
On this day of
me personally appeared
and
instrument the day and
T
P 19 before me
to me known to be ul.�_......P�Q 54G t nz
and
of then corporation t�hatexecu ed the foregoing instxxuxucsnt, and acknowle3dged
said instrument to be they fr and voluntary act and dosed of said corporation
for the uses and purposes therein mentioned, and on oath stated that
is authorized to execute said instrument, and that the seal affixw�d is
corporate seal of said corporation.
GIVEN under 'my hand and official seas. 'the day and year lase. above
written.
rivzVz*t.oum
NOTARY PUBLXC in Ad for t e Stte of
residing atr
My appointmentexpir S; 1
i
♦�.il� v:i',: ♦v', �'1: tie \f -bin
Page 2 of 2
EXHIBIT "A"
Beginning at the Northwest corner of said revised Lot 3, said
Northwest corner being on the West line of said revised Lot 3;
thence South 40. 36' 00" West along said West line, a distance of
10.00 feet to the point of beginning of this described line, said
point of beginning being on a curve concave to the Northeast *whose
radius point bears North 53- 38' 10" East and is 500.00 feet
distant; thence Easterly along said curve, through a central angle
of 300 40' 42" an arc distance of 267.72 feet; thence South 67. 02'
31" East, 70.54 feet to a curve concave to the North; thence
Easterly along said curve having a radius of 200.00 feet, through
a central angle of 45° 35' 00" an arc distance of 159.12 feet;
thence North 67. 22' 29" East, 133.44 feet to a curve concave to
the Northwest; thence Northeasterly along said curve having -a
radius of 400.00 feet, through a central angle of 14. 52' 18" an
arc distance of 103.82 feet; thence North 52. 30' 11" East, 120.00
feet to a curve concave to the Southeast; thence Easterly along
said curve having a radius of 325.00 feet, through a central angle
of 37° 55' 32" an arc distance of 215.13 feet; thence South 89. 34'
17" East, 43.15 feet to a curve concave to the South; thence
Easterly and Southeasterly along said curve having a radius of
325.00 feet, through a central angle of 40- 10' 17" an arc distance
of 227.87 feet; thence South 49° 24' 00" East, 27.68 feet, more or
less, to a point on the Southeasterly line of said revised Lot 3
from which the most Easterly corner of revised Lot 3 bears North
40. 36' 00" East and is 5.00 feet distant, said point being the
terminus of this described line.
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.
ATTEST /AUTHENTICATED
By:
#y Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: �'�4M.. 1,711(
STATE OF
ss.
COUNTY OF
I certify that there appeared fore me persons that I know or ve
satisfactory evidence were !fir i hrc c`�� and
who signed V AGREEM3F,
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 this instr nt.
f C
DATE: I 7 1991 _1't
Notary Public �and for the
at at�as g g 7FI31 esiding
Q99�,p�u�q My Appoidtment Expires
a
NOTAAY i
pUgtlC O
tt�
,��bF 0 F
x