HomeMy WebLinkAbout1987 - Recreational Trail Easement - Radovich John - 8707270840i
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CASHSL 10. 00
0042.120.007
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06/17/87
RECREATIONAL TRAIL EASEMENT
THIS AGREEMENT is entered into
between John C. Radovich (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 the Green River in the City of Tukwila, Washington
and 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 Green River
Q within Grantee's corporate limits, and
GO
WHEREAS, Grantor has offered to grant an easement to the
Grantee for the purpose of establishing a public outdoor
recreational trail on the Property and the Grantor has further
L� offered to construct the said public recreational trail, together
with a linkage across adjacent property to connect the public
Q recreational trail with a public sidewalk on Southcenter
Boulevard, and
WHEREAS, the Grantee has agreed to utilize the Property for
a public recreational trail 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 and Grantor agree to be bound:
1. Construction and Maintenance of Trail on Property.
Grantor agrees to construct, at Grantors' sole cost and expense,
a public recreational trail on the property according to designs,
plans and specifications provided by the Grantee, at Grantees'
sole cost and expense. The design of the public recreational
trail to be constructed by the Grantor shall be as shown on the
plans approved under City of Tukwila Building Permit No. 4626.
Upon completion of the trail to Grantee's satisfaction, Grantee
agrees to accept the same as a public recreational facility and
to assume all ownership and maintenance responsibility for the
JEH00121A
EXr,IS I PX
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trail, including responsibility for all maintenance costs.
2. Construction and Maintenance of Trail Linkage with
Public Sidewalk. Grantor agrees to construct, at Grantor's sole
cost and expense, a public recreational trail on property
adjacent to Grantor's linking the trail constructed by Grantor
pursuant to Paragraph 1 of this Easement with a public sidewalk
adjoining Southcenter Boulevard. The trail linkage shall be
constructed at such time as Grantee obtains an easement or other
instrument evidencing permission for the trail linkage from the
adjacent property owner. The trail linkage shall be constructed
according to designs, plans and specifications provided by
Grantee at Grantee's sole cost and expense. The design of the
public recreational trail shall be in the sole discretion of the
Grantee. Upon completion of the trail to Grantee's satisfaction,
Grantee agrees to accept the same as a public recreational
facility and to assume all ownership and maintenance
responsibility for the trail, including responsibility for all
maintenance costs.
3. Use of 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, repairing, replacing and providing for
public use of recreational facilities thereon. The design of all
future facilities, repairs, replacements and installations shall
be in the sole discretion of the Grantee. The use of the
recreational trail will be restricted to pedestrian and bicycle
Q use. Camping, campfires, the use of firearms and any other
activities that would be inconsistent with the safe use of the
G� 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 property to
promote safe and equitable use. In the event that the trail
easement shall be abandoned by the Grantee for a continuous
period of two years, the trail easement area shall revert to the
Grantor.
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 designing, installing, maintaining, repairing or
replacing the recreational trail. Upon acceptance by Grantee of
the trail as constructed by the Grantor, the Grantee shall assume
and shall hold the Grantor harmless from any and all liability
for subsequent injuries to persons or property occurring on or as
a result of the design, installations, operation or maintenance
of the recreational trail.
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GRANTEE: GRANTOR:
CITY O F W If
By a
GP L. /-TAN DUSEN, MAYOR TIT�L� /�E
ATTEST /AUTHENTICATED:
'MAXIN'E ANDERSON; CITY CLERK
APPROVE AS TO FORM:
OFFICE OF THE ITY TO Y
GRANTEES
STATE OF WASHI T01
s
COUNTY OF KING
d 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 acknowledge 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.
DATED this -s- day of 1987.
r
NOTARY PU LIC`in and for the
State of hington residing
at
My appointment expires: _g A)
-,,GRANTORS
Corporate
STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that I know or �Yiave satisfactory evidence
that signed this instrument, on oath stated
that was authorized to execute the i- nstrument and
acknowledge it as the of to
be the free and voluntary act of such party for the uses�a -nd
purposes mentioned in the instrument.
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DATED £R1. day of 1987.
NOTARY PUBLIC� Aand for the
State of Washington r-e.siding
at
My appointment expires:
Individual
STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that I know or have satisfactory evidence
that ;04d e, Wff the H signed this instrument and acknowledge
it to be /mss free and voluntary act for the uses and purposes
mentioned in this instrument.
DATED this day of 1987.
NO'T'ARY PUBLIC in and fore
State of Washington resi ing
at
My appointment expires: 91
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Attachment "A"
LEGAL DESCRIPTION
A strip of land 30 feet in width lying within the boundaries of Parcel B,
in which the southeasterly margin of said strip is defined as follows:
Beginning at a point on the southwesterly boundary of said .Parcel B which
lies South 59 32 1 54" East, 34.32 feet from the most westerly corner
thereof; thence North 36 51 1 51" East, 78.59 feet; thence North 33 0 40'57"
East, 68.93 feet; thence North 30 °55 East, 270 feet to a point on the
northeasterly boundary of said Parcel B which lies South 59'24 °45" East, 40
feet from the most northerly corner thereof.
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(50 /DW.5- 21L2A)
RADOVICH FORT DENT OFFICE BUILDING -LEGAL DESCRIPTION
PARCEL B:
That portion of vacated Tracts 4 throu�h 9 and 12 through 17, and
vacated streets adjoining, in Gundaker s Interurban Addition, lying
within Sections 23 and 24, Township 23 North, Range 4 East W.M.,
described as follows:
Beginning at Highway Engineer's Station P.O.T. (2M) 127 +45.0 on
the 2M line shown on the State Highway map of Primary State
Highway ail (SR405) Green River Interchange, sheet 2 of 4 sheets,
established by Commission Resolution #1192, February 19, 1962;
thence Northeasterly at right angles to said 2M line North
C1 30 °27'06" East 218.36 feet to a point on a line that is parallel
with and 140 feet (measured at right angles) Northeasterly of the
Q? Southwesterly margin of vacated Kennedy Street (67th Place S.)
0 as
shown on the plat of Gundaker's Interurban Addition to Seattle,
as per plat recorded in Volume 14 of Plats, Page 46, records of
Cq King County, said point being the true point of beginning of the
N parcel to be described herein.;
0 thence from said true point of beginning along said parallel
N line North 59 °32'54" West to the bank of the Green River;
thence along the bank of the Green River the following courses:
North 38 19'12" East to a point lying South 30 °04'58" West
334.53 feet from the Southwesterly line of the lands conveyed
to King County by Statutory Warranty Deed recorded under
Recording No.7507300471 and North 30 °04'58" East 334.53 feet to
said Southwesterly line;
thence along said Southwesterly line South 59 °24'45" East 183.62
feet to a point on the Northwesterly line of the lands conveyed
to the City of Tukwila by Quit Claim Deed recorded under
Recording No. 7410290105;
thence along last said Northwesterly line the following courses:
From a tangent that bears South 30 °53'45" West along the arc of
a curve to the left having a radius of 60.00 feet and a central
angle of 33 °10'27 an arc length of 34.74 feet;
thence tangent to the preceding curve South 02 °16'42" East
52:69 feet;
thence tangent to the preceding course along the arc of a curve
to the right having a radius of 32.00 feet and a central angle
of 24 °24'42 an arc length of 13.63 feet;
r cto the nrece ino curve_ South 2208 West
tl1C 1lCC tui ag l�':. a. t- o
223.43 feet;
thence tangent to the preceding
to the right having a radius of
of 08 °19'06 an arc length of
thence tangent to the preceding
66.52 feet to the true point of
course along the are of a curve
270.00 feet and a central angle
39.20 feet;
curve South 30 °27'06" West
beginning;
EXCEPT that portion conveyed to the City of Tukwila by deed
recorded under Recording No. 7708040599;
Situate in the City of Tukwila, County of King, State of Washington.
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