HomeMy WebLinkAbout1991 - Recreational River Bank Dike Trail Easement - State Farm Insurance - 9101231528RECREATIONAZIMER BANK IKE TRAIL EASEMENf
THIS AGREEMENT is entered i.7to between State Farm f'utual Automobile Insurance
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 re r,Qp�. (herein- tits rc
ftzr roferred to as "the Property located adjacent to Duwamisi vii Th the City of
Tukwila, Washington more rr- tculu!y 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 Dwwamish /Green River within Grantee's corporate
limits; and
WHEREAS, the City of Tukwila and other agendrs require access to the river
bank for maintenance, mo :itoring, 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 assigns, a perpetual, nonexclusive easement across, along, in and upon, the
N Property described on Exluoit A attached hereto and incorporated herein by this
reference as if set forth in full, subject to the following terms and conditions, by
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which Grantee cgt� to be bound:
1. Use of the Property. Grantee's use of the Property shall be for the purpose
of landscaping, developing and wintaining the Property for public recreations! trail
purposes and of installing, malntaWng and pnvviding for public use of recreational
facilities thereon. The use of we recrw..!on trail will be restricted to pedestri.Ln,
equestrian and bicycle use. Camping, campfires, the us^. of firearms and any other
activities that would be inconsistent with the safe use of the Property by the public
will c prohibited. In addition to the restrictions on use provided ..arein, Grantee
shall have the power to promulgate and enforce such other rules and regrilations
for use of the trai the public as it may deem fit and proper to promote safe and
equitable use.
Access to and also maintenance, monitoring, construction of rive -bank stabil-
ization and /or -.-dw dikellevee systems by the City or other public agandes, will be
carried out on this easement.
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 pub9c recreational trail to accommodate any plans for
development by Grantor on property adjacent to the trail. All design, engineering
and construction costs incerred in completing Pte gravel base for the iuture asphalt
trail shall be at the sole cost and expense of the Grantor. Grantee shall be responsible
for all maintenance and maintnuum costs incurred with respect to the trail. The
cvnatructle.. and maintenance of trail systems and associated landscaping shall be in
accordance with the most current riverbank stabilization studies conducted for this
ply.
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Recreational /River Lk /Dike Trail Easement
Page 2
3. Timing of Construction. both parties understand and agree that the time
at which the Grantee will develop the recreational trail is unknown at present
because of the necessity to acquire additional right -of -way and the funding necessary
to construct the trail. Grantor and Grantee agree that Grantor may, with the prior
written consent of the Grantee, make temporary improvemena to the Property
pending construction of the trail. Grantee shall have sole discretion in determining t
whether or not to approve any improvements in the Property which would Inter-
fere with or be inconsistent with Grantee's use of the property for a recreational
trail. In the event that improvements are made on the Property with Grantee's_ con-
sent, Grantee shall bear the cost of removal of such improvements at the time of
trail construction.
Grantee 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. Grantee's app.oval of landscaping or other development by the
Grantor in the easement area shall not constitute a waiver of Grantee's rights under
this easement to construct and maintain the recreational trail, nor shall any delay in
construction of such trail constitute an abandonment or release of the right to
develop such trail by the Grantee.
Nothing in this agreement shall be interpreted to imply the City waives its
right to further obligate the development /owner to future dike /levee or river bank
Improvements.
t j 4. Indemnity. Grantee shall indemnify, defend and hold harmless the
LQ Grantor from and against any and all claims, losses or liability, or any portion
N thereof, arising from injury or ('.aath to persons or damage to property occasioned by
a negligent act, omission or failure of the Grantee, its officers, agents and employees,
_O in constructing and maintaining the recreational trail.
CT
S. Successors. This Agreement shall be recorded with the King County Audi-
tor and shall constitute an easement and servitude running with the land, inuring
to the bev-- t of the parties hereto, their heirs, executors, administrators, successors
and assigns.
Executed by the Grantor on ,19 90
Exwuted by the Grantee on S t 19 9
G..tANTEE: GRANTOR
CTIY OF
By x
GAN L VAN DUSEN, MAYOR TTTIZ CAW% P sidsnt
ATTEST /AUTHENTICATED:
O
E. CANTO, daL��Q CITY CLERK
J
APPROVED AS TO FORM:
OFFICE OF THE 1 5M ATTORNEY
i
Recreational /River C pnk /Dike Trail Easement
Page 3
GRANTEW
Q?!
STATE OF WASHNGTON
COUNTY OF
I c vttfy that I know or have satisfactory evidence that Gary L. Van Dusen and
Jane Cantu signed this instrument, on oath stated that they were authorized
to execute the instrument and acknowledged it es the Mayor and City Clerk of THE
CITY O:• :lt;;Zv LA to be the free and voluntary act of such party for the uses ani
purposes q_qgAi##A0 In the instrument.
Title oP`l�iotary Publlc
My appointment expt
GRANTORS
STATE OF mtom ft i aN
COUNTY OF
r� I on* that I know or have sa evidence that WA:V signed this
N instrument, on oath stated that au execute the instrument
and adaowlcdged it as they of be the free and
G voluntary act of such party. for L%e uses and purposes mentioned in the instrument.
M
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"OFFICIAL SEAL"
Evelyn Jean Davison S.1 of otc T P
Notary Public. State of Illinois Title
My Commisslon Expires 11/18/93 My appointment
Indixidtuc
STATE OF W/ASIMGTON
A.
COUNTY OF"
I Certify that I know or have satisfactory evideloe that signed this
instriaum t and ack wwWdgsd' 1t to be free and voluntary act for the uses
and purposes mentioned In the instrument.
Dated
Signature of Notary Public
Title •v
My appointment expires
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BUSH, ROED HITCHINGS. INC.
LEGAL DESCRIMON
SIDEWALK AND UTILITY EASEMENT
SOUTH SEATTLE SERVICE Cw=
THAT PORTION OF LOT 1 OF 01Y TUKWILA SHORT PLAT NO. 88 -1 -55 RECORDED UNDER
KING COUN'iY RECORDING NO. 8807210416 LYING WITHIN A STRIP OF LAND 15.00 FEET
IN WIDTH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT HIGHWAY ENGINEER'S STATION P. 0. T. (2M) 127 75.0 ON THB 2M
LINE SHOWN ON THE STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY NO. 1 (SR 405)
GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY COMMISSION
RESOLUTION NO. 1192, FEBRUARY 19, 1962; THENCE NORTHEASTERLY AT RIGHT ANGLES
TO SAID 2M LINE NORTH 30'27'06" EAST A DISTANCE OF 284.88 FEET; THENCE TANGENT
TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 300.00 FEET AND CENTRAL ANGLE OF 08 AN ARC LENGTH OF 43.56 FEET;
THENCE TANGENT TO THE PRECEDING CURVE NORTH 22 0 08'00" EAST,, A DISTANCE OF
309.43 FEET; THENCE NORTH 63'59 EAST, A DISTANCE OF 60.00 FEET, TO A POINT
ON THE EASTERLY LINE OF SOUTHCENTER BOULEVARD AS CONVEYED TO THE CITY OF
TUKWILA BY DEED RECORDED OCTOBER 29, 1974, UNDER AUDITOR'S FILE NO. 7410290105
AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS
OF 60.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 63'59'57"
EAST); THENCE SOUTHEASTERLY 20.41 FEET ALONG SAID MARGIN AND CURVE THROUGH A
CENTRAL ANGLE OF 19 TO THE TRUE POINT OF BECIIR<I11G; THENCE PARALLEL
WITH THE NORTHERLY LIME OF SAID LOT 1 NORTH 63'35 EAST 15.75 FEET TO A
LINE LYING PARALLEL WITH AND 15.00 FEET SOUTHEASTERLY OF SAID EASTERLY LINE OF
SOUTHCENTER BOULEVARD AND THE 1EGINNING OF A "Ov- TANGENT CURVE CONCAVE TO THE
WEST RAVING A RADIUS OF 75.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS
NORTH 79'23 EAST); THENCE AL04C LAST 1ID P: �ALLEL LINE THE FC:.a.OWING SIX
COURSES: THENCE SOUTHERLY AND SOUTHWESTERLY 77.60 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 59'17'03 THENCE SOUTH 48':0 WEST 41.18 FEET
TO THE BEGINNING Of A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADITTS OF 35.00
Ln FEET; THL'NCE SOUTHWESTERLY AND SOUTHERLY 16.22 FEET ALONG SAID CURD. THROUGH A
CENTRAL. ANGLE OF 26'32'41 THENCE SOUTH 22'08'00" WEST 223.43 FEET TO THE
cv- BEGINNING OF A CURVE ''ONCAVE TO THE NORTHWEST HAVING A RADIUS OF 345.00 FEET;
CV THENCE SOUTHERLY t 40UTHWESTERLY 50.09 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 08'19'06 THENCE SOUTH 30 WEST 106.52 FEET TO THE
O SOUTHWESTERL: LINE OF SAID LOT 1; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH
C7� 59'32'54" WEST 15.00 FART TO SAID EASTERLY LINE OF SOUTHUENTER BOULEVARD;
THRNCR ALONG SAID EASTERLY LINE THE FOLLOWING SIX COURSES: THR.:CE NORTH
30'27'06" EAST 106.52 F61T TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 330.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY
47.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08'19'06 THENCE NORTH
22 EAST 223.43 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS Of 50.00 'aERT; THENCE NORTHEASTERLY AND NORTHER:.T
23.16 PERT ALONG SAID CURVS THROUGH A CENTRAL ANGLE OF 26'32 THENCE NORTH
48'40'41" EAST 41.18 FEET' TO THE BEGINNING Ott A CURVE CONCAVE TO THE WEST
HAVING A RADIUS Of 60.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 57.79 PEST
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55'11'12" TO THE TRUE POINT OF
=claim.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON.
MCA
WILLIAM A. HICKOX
JUNE 5, 1990
88288.05JSUR. 16A
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BUSH. ROED HITCHINGS. INC.
LZm DESCRIPTION
RIVER TRAIL B.A.UHM
SOUTH Sur= SERVICC CENTER
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MCA
WILLIAM A. HICKOK
JUNE 5, 1990
88288.05/SUR.36A
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THAT PORTION OF LOT 1 OF CITY OF T'„7CWILA SHORT PLAT NO. 88 -1 -55 RECORDED UNDER
KING COUNTY RECORDING NO. 8807210416 LYING WITHIN A STRIP OF LAND 20.00 PEST
IN WIDTH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT HIGHWAY !!NGINEER'S STATION P. 0. T. (2M) 127 75.0 ON THE 2M
LINE SHOWN ON THE STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY N0. 1 (SR 405)
GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY COMMISSION
RESOLUTION NO. 1192, FEBRUARY 19, 1962; THENCE NORTHEASTERLY AT RIGHT ANGLES
TO SAID 2M LINE NORTH 30 EAST A DISTANCE OF 284.88 FEET; THENCE TANGENT
TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE 'PO THE LEFT HAVING A RADIUS
OF 300.00 FEET AND CENTRAL ANGLE OF 08'19'06 AN ARC LENGTH OF 43.56 FEET;
THENCE TANGENT TO THE PRECEDING CURVE NORTH 22'08 EAST, A DISTANCE OF
309.43 FEET; THENCE NORTH 63'59 EAST, A DISTANCE OF 60.00 FEET, TO A POINT
ON THE NORTHEASTERLY LINE OF SOUTHCENTER BOULE;iARD AS CONVEYED TO THE CITY OF
TUKWILA, BY DEED PECORDED OCTOBER 29, 1974, UNDER AUDITOR'S FILE 7410290105;
THENCE NORTH 63'35'49" EAST A DISTANCE OF 293.37 FEET; THENCE SOUTH 26'24
EAST A DISTANCE Of 354.91 FEET TO THE T= PCtfl.OE =9110=; THENCE SOUTH
72'08'52" WEST, A DISTANCE OF 27.06 FEET;,THENCE SOUTH 72'18 WEST A
DISTANCE OF 95.05 FEET; THENCE SOUTH 64 WEPT A DISTANCE OF 114.11 FEET;
THENCE SOUTH 58 WEST 118.30 FEET; THENCE SOUTH 47 REST A
DISTANCE OF 279.23 PERT; T=NCE NORTH 59 9 32'54` WEST DISTANCE OF 20.511 BEET;
THENCE NORTH 47 EAST 287.25 FEET; THENCE NORTH 58 "6 EAST 121.22
FEET; THENCE NORTH !4 EAST 1i6.53 FEET; THENCE NORTH 72'18 EAST
96.47 FEET; HENCE NORTH 72'08 EAST 24.02 P7 THENCE SOUTH 26 24
EAST 20.22 FEET TO 1111 TRUE POINT or BEGINnIn.
SYTUATE IN THE CITY OF ".PnLA, KING COUNTY, WASHINGTON.
BUSH, ROED V iITCHINGS, INC.
LEGAL DESCRIPTION
ACCESS ROAZ, SIDENAK AND UTILITT EASENIVIT
SOUTH SRATTLB SERVICE COITER
THAT PORTION OF LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 88 -1 -55 RECORDED UNDER
KING COUNTY RECORDING NO. 8807210416 LYING WITHIN A STRIP OF LAND 20.00 FEPT
IN WIDTH BEING DESCRIBED AS FOLLOWS:
COMMENCING AT HIGHWAY ENGINEER'S STATION P. 0. T. (2M) 127 75.0 ON THE IM
LINE SHOWN ON THE STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY N0. 1 (SR 405)
GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY COMMISSION
RESOLUTION NO. 1192, FEBRUARY 19, 1962; THENCE 4ORTREASTERLY AT RIGHT ANGLES
TO SAID 2M LINE NORTH 30'27'06" EAST A DISTANCE OF 284.88 FEET; THENCE TANGENT
TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 300.00 FEET AND CENTRAL ANGLE OF 08'19'06" AN ARC LENGTH OF 43.56 FEET;
THENCE TANGENT TO THE PRECEDING CURVE KOM 22 HAST, A DISTANCE OF
309.43 FEET; THENCE NORTH 63 EAST, A DISTANCE OF 60.00 FEET, TO A POINT
ON THE NORTHEASTERLY LINE OF SOUTHCENTER BOULEVARD AS CONVEYED TO THE CITY OF
TUKWILA. BY DidED RECORDED OCTOBER 29, 1974, UNDER AUDITOR'S FILE 7410290105
AND THE TRUE POINT OW 35CINU THENCE NORTH 63'35 EAST A DISTANCE OF
293.37 FEET; THENCE SOUTH 26'24'11" EAST .A DISTANCE OF 20.00 FEET; THENCE
N SOUTH 63'35 WEST A DISTANCE OF 296.95 PERT PO THE BEGINNING OF A NON
Ln TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OP 60.00 FEET (A RAr-AL LINE
THROUGH SAID BEGINNING SEARS iORTH 83'29 EAST); THENCE NORTHERLY AND
N NORTHWESTERLY 20.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19
TO THE TE X POINT OP BEGINNING.
C�
Q7 SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON.
MCA
WILLIAM A. HICZOX
MAY 23, 1990
REVISED JUNE 5, 1990
88288.05/SUR. 36A
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