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Home My WebLink About1988 - Recreational Trail Easement - Kaiser Gateway Associates - 8805201057r: f I 'VIV v EXCISE TAX NOT RE0 i o Co. Fi ;cot'ds Division 0042.120.007 Dsi�EI}+ JEH /ko 01/22/86 RECREATIONAL TRAIL EASEMENT THIS AGREEMENT is entered into between KAISER GATEWAY ASSOCIATES (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 rl- WHEREAS, Grantee is in the process of developing a public recreational trail along the entire length of the D UWAMISH RIVER within Grantee's corporate limits, and WHEREAS, Grantor has agreed to grant an easement to Grantee to develop the Property as an outdoor recreational trail for V) public use and Grantee has agreed to utilize the Property for such 0 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 Property 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: 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, equestrian and 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. 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 accomodate any plans for development by Grantor on property adjacent to the trail. All design, engineering and construction costs incurred in completing the 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. 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 improvements to the Property pending construction of the trail. Grantee shall have sole discretion in determining whether or not to approve any improvements in the Property which would interfere 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 consent, Grantee shall bear the cost of removal of such improvements at the time of trail construction. ;t h 1 00 t N V) 0 0 Z1? 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 approval 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. 4) 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 constructing and maintaining the recreational trail. 5) 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. Executed by the Grantor on Executed by the Grantee on GRANTEE: CI F GAR rAN'DUSEN, MAYOR ATTEST /AUTHENTICATED: t �.CLnO MAX NE ANDERSON, CITY CLERK APPROVED AS TO FORM: OFFICE F THE CITY ATTORN,Y I 44 Y a., W V- 19 8 198 g GRANTOR KAISER GATEWAY ASSOCIATES Kaiser Development Company BY �r� /j ,D v� ea�✓1 �i� TITLE Cal FlEnter rises By 1 carte A Title By Title 2 GRANTEES City STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Gary L. Van Dusen and Maxine Anderson 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. Dat /9 -ngna '1re of NOTARY PUBLIC M1 Title C.�c.4 FCC cc, My appointment expires y- 26yi490 Q GRArTTOAS Corporate STATE OF SIN =N CALIFORNIA ss. COUNTY OF San Francisco) I certify that I know or have satisfactory evidence that ROBERT M. KAGAN AND RICHARD DEFABIO signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Vice Presidents of CAT. FED ENTERPRISES to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ,ui� ANGELA M. WUXPON Dated NOTARY PUBLIC,-CALIFORNIA PfiMDCIpALOFfiCEMt Signature` of N10TARY PUBLIC Cm AND couxsv OF MN FRMCISC Tit i o unkmio n F-xdM RPM S. 19W My appointment expUres Individual STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument. Dated Signature of NOTARY PUBLIC Title My appointment expires 3 EXHIBIT A A strip of land 30.00 foot wide in Lot 4 of Tukwila Short Plate No. 85- 32 -SS, recorded in Book 52 of Surveys at Page 113, under A.F. #8611179001, records of King County Washington, and r� being more particularly described as follows: BEGINNING at a point on the westerly line of said Lot 4, CZ) distant thereon N0 11 W 309.53 feet from an angle point in said �i Lot 4 (said angle point being at the intersection of the two GO courses shown as N60 0 32 1 46 11 E 7.13 feet and N0 11 W 352.00 feet); thence from said POINT OF BEGINNING, along said westerly line of Lot 4, N0 0 41 1 14 11 W 30.85 feet; thence leaving said westerly line N75 0 48 1 04 11 E 79.44 feet; thence S77 0 22 1 27 11 E 27.90 feet; thence N74 0 28 1 54 11 E 53.39 feet; thence N87 0 57 1 42 11 E 44.41 feet; thence S79 0 18 1 02 11 E 46.43 feet; thence N77 16'11 "E 34.14 feet; thence S89 0 14 1 54 11 E 61.39 feet; thence S77 0 00 1 29 11 E 143.53 feet; thence S60 0 59 1 45 11 E 79.84 feet; thence S50 0 18 1 13 11 E 61.75 feet; thence S47 0 10 1 35 11 E 69.43 feet; thence S42 0 48 1 46 11 E 74.82 feet; thence S26 0 36 1 41 11 E 155.18 feet; thence S2 0 11 1 55 11 E 59.81 feet; thence S5 0 05 1 51 11 W 158.78 feet; thence S5 0 46 1 43 11 E 91.24 feet; thence S8 0 01 1 36 11 E 110.51 feet; thence S2 0 14 1 21 11 E 30.95 feet; thence S71 0 21 1 58 11 E 12.28 feet to a point on the southeasterly line of said Lot 4; thence along said southeasterly line S41 0 46 1 16 11 W 32.62 feet; thence leaving said southeasterly line N71 0 21 1 58 11 W 20.13 feet; thence N2 0 14 1 21 11 W 50.10 feet; thence N8 0 01 1 36 11 W 109.59 feet; thence N5 0 46 1 43 11 W 94.68 feet; thence N5 0 05 1 51 11 E 159.72 feet; thence N2 0 11 1 55 11 W 51.41 feet; thence N 26 0 36 1 41 11 W 144.42 feet; thence N42 0 48 1 46 11 W 69.40 feet; thence N47 0 10 1 35 11 W 67.47 feet; thence N50 0 18 1 13 11 W 58.12 feet; thence N60 0 59 1 45 11 W 72.81 feet; thence N77 0 00 1 29 11 W 136.09 feet; thence N89 0 14 1 54 11 W 54.63 feet; thence S77 16'11 "W 36.82 Feet; thence N79 0 18 1 02 11 W 49.30 feet; thence S87 0 57 1 42 11 W 37.51 feet; thence S74 0 28 1 54 11 W 57.36 feet; thence N77 0 22 1 27 11 W 28.26 feet; thence S75 0 48 1 04 11 W 79.49 feet to the POINT OF BEGINNING. Containing 41,588 square feet, more or less. x