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Home My WebLink About1990 - Recreational River Bank Dike Trail Easement - Radovich John / Radovich Carol - 9006211053I A 9 C FIL-E GATE 3 0 RECREATIONAL/RIVER BANK/DIKE THIS AGREEMENT is entered into between John C. and Carol D. Radovich, husband and wife (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 (herein- after 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 r-, 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 batik stabilization improvements, and CD WHEREAS, Grantor has agreed to grant an easement to Grantee to develop the US 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, THEREFOkF.,,. in consideration of the mutual benefits and conditions hereinafter contained, Gran _or hereby conveys and grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement across, along, in and upon, the Property described...on Fxhibit 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 Property shall be for the purpose of landscaping, 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. 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. 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 gravel base and asphalt trail shall be at the sole cost and expense of the Grantor. Grantee shall be responsible for all maintenance and maintenance costs incurred with respect to the tram. 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. 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. 90- '06 -`21 41053 C RECD F 9.00 RECFEE 2.00 CASHSL 1.00 55 Recreational /River Bank /Dike Trail 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 Audi- tor 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 Executed by the Grantee on 90 .1990. '/43 T ,1990. GRANTEE: GRANTOR: By G Y it VAN DUSEN, MAYOR TTTb C'c'c o� Ln ATTEST/AUTHENTICATED: cV CD DANE CANTU, .ACTING CITY CLERK 7CE AS T O THEE C TTY 1= c V7 �w V'? L a Ld di! J GRANTEES City STATE OF WASHINGTON ss. COUNTY OF Recreational/ River Bank /Dike Trail Easement Page 3 I certify 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 as the Mayor and City Clerk of THE CITE' OF TUKWILA to be the free and voluntary act of such party, for the uses and purposes mentioned in the.Avft—k. •r v s onr 4W•. (2 Via, I' /9a N P S gnatu of Notary Public PUBLIC U T '��F a ppointmentlxpires 9. 199V GRANTORS Corvorate STATE OF WASHINGTON ss. COUNTY OF cv I certify that I know or have satisfactory evidence that signed this `Z instrument, on oath stated that were authorized to execute the instrument CD 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 tr John C• aadovi*e-h, I certify that I know or have satisfactory evidence that Cared 1"-,/ ich signed this instrument and acknowledged it to be 4h.,i r free and voluntary act for the uses and purposes mentioned in the instrument. Dated Signature of Notary Public v Title /Jv1'� N My appointmeneexpires j ;1� �y TRAIL EASEMENT 0 March 30, 1990 Job #50019 M Ln V V EXHIBIT A ALL THAT PORTION OF LOT 2 OF SHORT PLAT NO. 79 -7 -55 ACCORDING. TO SHORT PLAT SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 7908210370 LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHWESTERLY LOT CORNER BETWEEN LOTS 1 AND 2 OF SAID SHORT PLAT; THENCE NORTH 37 0 36'40" WEST ALONG THE WEST LINE OF LOT 2 12.92 FEET TO THE BFGTNNTNG OF SAID LINE; THENCE NORTH 29 EAST 122.80 FEET; THENCE NORTH 39 FAST 38.24 FEET; THENCE NORTH 52 FAST 69.72 FEET; THENCE NORTH 49 EAST 63.39 FEET; THENCE NORTH 58 1 47'22" FAST 67.77 FEET; THENCE NORTH 63 0 41'19" FAST 35.30 FEET TO THE TERMINUS OF SAID LINE. PREPARED BY: F W. VAN CLEAVE, R.P.L.S. #12399 Vi:•�A� �hti 1 A 42 �1 o /o ..isiv...1 *4t LANDS i E ASEMENT EXHIBIT SCALE: 1' 100' TRAIL EASEMENT r L C7 CD Q"' a 10' WATER LINE EASEMENT �r 24' ACCESS EASEMENT 15' STORM DRAIN EASEMENT PAC -TECH ENGINEERING, INC Engineers Planners Surveyors 343-7112 073-3401 277. SEATTLE TACOMA SREMERTON w 6100 0annc«.�« r. MI MM aae nri KKr Wa w" ib wr am wr VAX w °ii t FAX 0 74 -6471 0 ii'AR 01" AM 50019