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Home My WebLink About1990 - Declaration of Easement - Bedford Properties - 9003231500RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Bedford Properties, Inc. 12720 Gateway Drive Suite 107 Seattle, Washington 98168 Attention: Bob Hart L/ b 4 0, o af 3 fsao COPY OF ORIGINAL FILED 14AR 2 Director of Records E1eetiola DECLARATION OF EASEMENT THIS DECLARATION OF EASEMENT "Declaration is made by and between BEDFORD PROPERTIES, INC., a California corporation "Grantor and the CITY OF TUKWILA, a Washington optional municipal code city "Grantee RECITALS WHEREAS, Grantor owns certain real property located adjacent to the Duwamish River in the City of Tukwila, Washington (the "Property more particularly described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, Grantee is in the process of developing a public recreational trail (the "Trail along the Duwamish River within Grantee's corporate limits; and WHEREAS, Grantee requires access to the riverbank for maintenance, monitoring, and construction of the Trail and other public recreational facilities as hereinafter provided and for construction of possible additional dike /levee and /or riverbank stabilization improvements; and WHEREAS, Grantor has developed the riverbank which includes landscaping, sod, and 12 bio- filtration slope and a french drain (the "landscaping, 12 bio- filtration slope, sod and the french drain are hereinafter referred to as the "Landscaping as depicted in Exhibit B attached hereto and incorporated herein by this reference, and desires to maintain the Landscaping and any future hardscape amenities constructed by Grantor with Grantee's approval; NOW, THEREFORE, in consideration of the benefits and conditions described herein, Grantor hereby conveys and grants Grantee, its successors and assigns, a perpetual nonexclusive Easement (the "Easement (more particularly described in Exhibit C attached hereto and incorporated herein by this reference) across, along, in and upon, the Property, subject to the following terms and conditions, by which Grantee agrees to be bound: HARS0\B0296- 89.001 \esmnt I .rw 1 rte._ 1. Use of the Property. The Easement granted herein shall be for the purpose of providing Grantee the right to landscape, develop, and maintain the Trail and for installing, maintaining and providing certain recreational facilities for public use. The use of the Easement and the Trail contained therein shall be restricted to pedestrian, equestrian and bicycle use. Grantee warrants and represents that it will prohibit camping, campfires, motorized vehicles except those required to construct or maintain any improvements within the Easement, the use of firearms, and any other activities that would be inconsistent with the safe use of the Easement by the public. Grantee warrants and represents that it has the power and will use such power for the benefit of Grantor to promulgate and enforce such other rules and regulations pertaining to the public's use of the Easement as it may deem fit and proper to promote safe and equitable use. The Easement shall also be used for the purpose of maintaining, monitoring, constructing and stabilizing the riverbank and /or additional dike /levee systems. In the event that Grantee's plans for the Easement would interfere with or potentially cause the destruction or removal of any of the current or future improvements made by Grantor within the Easement, Grantee shall first meet with Grantor to discuss how best to minimize the economic and aesthetic impact of such plans. 2. Construction and Maintenance. The design and construction of the Trail shall be at the sole cost and reasonable discretion of the Grantee. Grantee agrees to design the Trail and locate other facilities within the Easement to accommodate Grantor's use of the Property not within the Easement (the "Development and any future plans for the Development. Except as otherwise provided in this Declaration, Grantee shall be responsible for all maintenance incurred with respect to the Easement at the area depicted on Exhibit B as "City Maintained Area 3. Timina of construction. Grantor and Grantee understand and agree that the time at which Grantee will develop the Trail is unknown at present because of the necessity of Grantee to acquire additional right -of -way and funding necessary to construct the Trail. Grantee agrees that Grantor may, with the prior written consent of Grantee, provide additional improvements within the Easement pending construction of the Trail. Grantee shall have sole discretion in determining whether or not to approve any improvements within the Easement, but such discretion shall be based upon whether the improvements would interfere with or be inconsistent with Grantee's use of the Easement. Such consent shall be made in a timely manner and shall HAR5O\80296- 89.001 \esmnt I .rvr 2 not be unreasonably withheld. Grantee's approval of landscaping or other development by the Grantor within the Easement shall not constitute a waiver of Grantee's rights under this Easement to construct and maintain the Trail, nor shall any delay in construction of the Trail constitute an abandonment or release of Grantee's right to develop the Trail. 4. Costs. (a) The cost of and responsibility for maintaining the Easement shall be borne by the parties as set forth below: GRANTOR: Grantor shall bear all costs and maintenance responsibilities for the Landscaping. However, should Grantee do anything whatsoever that negatively affects the ability of either the french drain or the bio- filtration slope to provide water drainage from the Property, then Grantee shall construct, install and maintain at its own cost and expense an alternative drainage system that is comparable to the current drainage system. GRANTEE: Grantee shall bear all costs and maintenance responsibilities for the Trail, any improvements constructed by Grantee within the Easement, and any riverbank and /or additional dike /levee systems constructed by Grantee. (b) Notwithstanding the provisions in Paragraph 4(a) Grantor shall not be excluded from participating in future Local Improvement Districts for improvements to the Easement as depicted in Exhibit B. (c) In the event that either Grantor or Grantee fails to commence any required maintenance or repairs on, under or across their respective areas of responsibility within a reasonable period of time after written notice from the other party, the other party may perform the work and obtain reimbursement from the non performing party for the non performing party's share of the expense. (d) In the event that Grantee determines that any facilities or improvements within the Easement must be removed pursuant to the provisions in Paragraph 1, Grantee, shall bear the entire cost and burden of removal. HARSOM296- 89.001 \esmnt I .rvr 3 I 1 5. Indemnitv. Grantee shall forever defend, indemnify, protect, and hold harmless the Grantor from and against any and all costs, expenses, charges, fees, claims, loss, or liability, or any portion thereof, arising out of, in connection with, or relating to the Easement unless the claim, loss or liability is proximately caused by the negligence or willful conduct of Grantor. Such indemnity shall include, without limitation, the following: (a) Injury or death to persons; (b) Damage to either the property, improvements or facilities; (c) Claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive, declaratory or other relief; and (d) Mechanic's liens; In the event of any litigation or proceedings arising out of or in any way connected with any of the above events or claims, against which Grantee has agreed to indemnify Grantor, Grantee shall, upon notice from Grantor, vigorously resist and defend such actions or proceeding through legal counsel reasonably satisfactory to Grantor, at Grantee's expense, and pay any amount awarded against Grantee which Grantee is otherwise required to pay pursuant to the conditions set forth in this Declaration. 6. Successor. This Easement 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. 7. ADDlicable Law. This Declaration shall_ be governed by and construed in accordance with the laws of the State of Washington. HARSO \80296 89.001 \esmnt I .rvr 4 i T 8. Notice. Any notice under this Declaration shall be in writing and shall be effective when actually delivered or, if mailed, when deposited postpaid. Mail shall be directed to the address of the record'own_er'of the subject property or to such other address as a party may specify by notice to the other party. DECLARED this day of December, 1989. GRANTORB':- KIRSTEN BEDFORD PETER B. BEDFORD By: BEDFORD PROPERTIES, INC., a California corporation, Their Attorney -In -Fact By: X'et- Jo�;ephJS. Layman Its Vice President GRANTEE: J 5 -90 2!7 7,G L. VAN DU E N MAYO ATTEST/AUTHENTICATED: MAC jfE ANDERSON, CITY CLERK AP W AS eO FO O ICE OF T HE Y ATTORNEY HARS0\80296 89.001 \esmnt3"rvr 5 E 8. Notice. Any notice under this Declaration shall be in writing and shall be effective when actually delivered or, if mailed, when deposited postpaid. Mail shall be directed to the address of the record owner of the subject property or to such other address as a party may specify by notice to the other party. j A DECLARED this day of December, 1989. GRANTOR: BEDFORD PROPERTIES, INC., A California corporation, ZtOSEP i S LAYMAN Y' Vice President GRANTEE: CI GW r. VAN DUSEN, MAYOR ATTEST /AUTHENTICATED: 'MAXI E ANDERSON, CITY CLERK ;OiIC VE AS TO FORM' OF T11E CI Y AT ORNEY HARSOM296- 89.001 \Psmnt I .rvr 5