HomeMy WebLinkAbout1986 - Recreational Trail Easement - DT & C Partnership - 8612121251FILED for NO, rd at Req of
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RECREATIONAL TRAIL EASEMENT
THIS AGREEMENT is entered into between 0' O+&
(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
CV property (hereinafter referred to as "the Property located
in the City of Tukwila, Washington, more particularly
described on Exhibit A attached hereto and incorporated herein by
"this reference, and
.D
co WHEREAS Grantee is in the process of developing a pub-
lic recreational trail system within Grantee's corporate limits,
and
WHEREAS, Grantor has agreed to grant an easement to
Grantee to develop the easement 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, there-
fore,
IN CONSIDERATION of the mutual benefits and and condi-
tions hereinafter contained, Grantor hereby conveys and grants to
Grantee, its successors and assigns, a �,erpetual, nonexclusive
easement "the Easement across, along, in and upon that portion
of the Property shown on Exhibit attached hereto and incorpor-
ated herein by thi$ reference, subject to the following terms and
conditions, by which Grantee agrees to be bound:
1. Use of the Property. Grantee's use of the Easement
shall be for the purpose of landscaping, developing and maintain-
ing the Easement for public recreational trail purposes and of
installing, maintaining and providing for public use of recrea-
tional trail 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 Easement by
the public will be prohibited. In addition to the restrictions
on use provided herein, Grantee shall have the power to promul-
gate 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, provided that the design and landscaping of the trail
shall be consistent and in harmony with the Grantor's improve-
ments and landscaping on the rest of the Property. Grantee
..agrees to make reasonable attempts in designing the public recre-
ational 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 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. Neither the existence of the Ease-
ment, the construction of the trail, nor the use of the trail
shall in any manner adversely affect the Grantor's use of the
Property or result in the elimination or reduction of current or
potential parking stalls, driveways or other such uses or
TR0000057A
EXCISE TAX NOT R'E'QUIRED
)ling Co. Records Division
By M Deputy
improvements. During construction of the trail, Grantee may use
the additional ten (10) foot wide space designated on Exhibit B
as "construction easement for trail," for the sole purpose of
constructing the trail. Once construction of the trail has com-
menced, such construction shall be continued in a diligent manner
until completion, at which time the additional ten (10) feet for
the construction.easement shall terminate. During trail con-
struction Grantee shall keep the construction area in an orderly
and neat condition. Subsequent to construction of the trail
Grantee shall likewise maintain the trail in a neat and clean
condition.
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, but will in no event be sooner than four (4)
years from the date hereof. Grantor and Grantee agree that
Grantor may, with the prior written consent of the Grantee, make
CV temporary improvements to the Easement pending construction of
N the trail. Grantee shall have sole discretion in determining
N whether or not to approve any improvements in the Easement which
would interfere with or be inconsistent with Grantee's use of the
10 Easement for a recreational trail. In the event that improve
GO ments are made on the Easement with Grantee's consent, Grantee
shall bear the cost of removal of such improvements at the time
of trail construction. Grantee shall not be responsible, how-
ever, for paying the cost of relocating or reinstalling such
improvements, or for paying the costs of installing such improve-
ments incurred by the Grantor, or for paying the cost of replac-
ing 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 negli-
gent act, omission or failure of the Grantee, its officers,
agents and employees, in constructing and maintaining the recrea-
tional 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, succes-
sors and assigns.
Executed by the Grantor on Ala-✓ 9 1984%.
Executed by the Grantee one, 1980
GRANTEE: GRANTOR:
-�s-�1
By
GAR --1,. r V N DUSEN, MAYOR T}, h
n
C.n_ G"an"g
TRO000057A -2-
.r
ATTEST /AUTHENTICATED:
Z X�ERSON, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTOR EY
STATE OF WASHINGTON
CV ss.
N COUNTY OF KING
CV I certify that I know or have satisfactory evidence that
Gary L. Van Dusen and Maxine Anderson signed this instrument, on
co oath stated that they were authorized to execute the insrtrument
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.
Dated *NOTPr cco
Signat 4e-of PUBLIC
Title J'�
My appointme rft expires__
STATE OF WASHINGTON j
ss.
COUNTY OF KING
I ce� y that I know or have satisfactory evidence
that �42/<� signed this instrument, on oath
stated that X�_ w' e+-e authorized to execute this
instrument and acknowledged to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
ghature of NbtARY PUBLIC
Lit 1 e
My appointmentxexpires /'cL_
0
TR0000057A -3-
EXHIBIT A
LEGAL DESCRIPTIONS
TOTAL PARCEL:
Tracts 4,5, 6 and 7, Block 15 of Hillman's Seattle Garden
Tracts, as per plat recorded in Volume 11 of Plats, on Page
24, Records of King County, EXCEPT the northeasterly 40 feet,
thereof, condemned by King County for road purposes (now
known as Interurban Avenue) in King County Superior Court
Cause No. 109001; situate in the Town of Tukwila, County of
King, State of Washington.
LESS the following by Condemnation No. 704726 to the State of
L? Washington:
C1!
ALL that portion of the above described Tracts lying easterly
of a line described as follows: Beginning at a point opposite
N Highway Engineer's Station P.O.T. 95 +81.69 Ahead Equals P.O.T.
95 +28.46 Back and a distance of 40 feet westerly, when measured
co at right angles, from the center line of SR 181, South Corporate
Limits of Tukwila to Foster Interchange; thence northerly parallel
with said center line to the North line of Tract 7 and the end
of this line description.
SUBJECT TO an easement for driveway purposes over the southerly
5 feet of the easterly 315 feet of Lot 4, EXCEPT the northerly
40 feet, thereof, as disclosed by Deed recorded April 17, 1950,
under Auditor's File No. 4006073, reference to which record is
made for further particulars.
LOT A
That portion of Tracts 4 and 5, Block 15 of Hillmans's Seattle
Garden Tracts as recorded in Volume 11 of Plats, page 24, re-
cords of King county, Washington more particularly described
as follows:
COMMENCING at the southwesterly corner of said Tract 4; thence
North 68 0 35 1 06" East along the southeasterly line thereof,
136.34 feet TO THE POINT OF BEGINNING; thence North 06 0 19'04"
West, 207.33 feet; thence North 68 °35 East, 195.00 feet to
the westerly margin of Interurban Avenue (S.R. 181); thence
South 21 0 24 1 54" East along said margin,.47.00 feet; thence
North 68 0 35'06" East, 10.00 feet; thence South 21 6 24 1 54" East,
still on the west road margin, 153.17 feet; thence South 68 °35'
06" West along the said South line of Tract 4,259.00 feet to
the POINT OF BEGINNING.
Subject to a driveway easement over the southerly 5 feet there-
of as contained in a Deed recorded April 17, 1950, under Auditor's
File No. 4006073.
Subject to'a common driveway easement over a portion of the
northerly 29 feet thereof more particularly described as follows:
BEGINNING at the northeasterly corner of Lot A; thence South
21 0 24 1 54" East along the road margin, 29.0 feet; thence South
68 0 35 1 06" West, 130.0 feet; thence North 21 0 24'54" West, 19.69
feet; thence along a curve to the left having a radius of 7.50
feet, through a central angle,,pf 67 0 38 1 09" an arc distance of
8.85 feet; thence North 89 0 03 1 03" West, 6.25 feet to the north-
erly line of Lot A; thence North 68 0 35'06" East along said
northerly line, 140.43 feet to the POINT OF BEGINNING.
SUBJECT TO an easement for sanitary sewer facilites over
the Northeasterly 10 feet of said Lot A as recorded under
Auditor's File No. 6097193.
EXHIBIT "A" (Continued, 1 6
LOT B
That portion of Tracts 4, 5, 6 and 7, Block 15, of Hillman's
Seattle Garden Tracts, as recorded in Volume 11 of Plats, on
Page 24, Records of King County, Washington, more particularly
described as follows:
BEGINNING at the Southwesterly corner of said Tract 4; thence
North 21 °24'54" West along the Westerly line thereof, 353.01
feet; thence along the Southeasterly margin of 59th Place South,
along a curve to the left, the center of which bears North
71 °54'19" West, having a radius of 65 feet, through a central
angle of 17 °28'10 an arc distance 19.82 feet; thence North
00 °37'31" East, still on the road margin, 60.10 feet to the
Northerly line of said Tract 7; thence North 68 °35 East,
along said tract line, 157.69 feet; thence South 21 0 24 1 54" East,
225.51 feet; thence South 06 0 19 1 04" East, 207.33 feet to the
Southerly line of Tract 4; thence South 68 0 35'06 West along said
Southerly line, 136.34 feet to the POINT OF BEGINNING.
SUBJECT TO a driveway easement over the Southerly 5 feet of the
Easterly 16 feet thereof, as recorded under Auditor's File No.
N
4006073.
LOT C
N That portion of Tracts 6 and 7, Block 15, of Hillman's Seattle
CV Garden Tracts, as recorded in Volume 11 of Plats, on Page 24,
Records of King County, Washington.
CC) EXCEPT the Northeasterly 40 feet thereof, and LESS an additional
10 feet along the Northeasterly line thereof, and particularly
described as follows:
Commencing at the Northwesterly corner of said Tract 7; thence
North 68 °35'06" East, along the Northerly line thereof, 157.69
feet to the POINT OF BEGINNING; thence continuing North 68 °35
East, 195.00 feet to the Westerly margin of Interurban Avenue
South (S.R. 181); thence South 21 0 24 1 54" East along said margin,
225.51 feet; thence South 68 0 35 1 06" West, 195.00 feet; thence
North 21 0 24'54" West, 225.51 feet to the POINT OF BEGINNING.
TOGETHER WITH a common driveway easement described as follows:
BEGINNING at the Southeasterly corner of Lot C; thence South
21 °24'54 ",East along the road margin, 29.0 feet; thence South
68 0 35 1 06" West, 130.0 feet; thence North 21 0 24 1 54" West, 19.69
feet; thence along a curve to the left, having a radius of 7.50
feet, through a central angle of 67 °38'09 an arc distance of
8.85 feet; thence North 89 0 03'03" West, 6.25 feet to the North-
erly line of Lot A; thence North 68 0 35 1 06" East along said
Northerly line, 140.43 feet to the POINT OF BEGINNING.
SUBJECT TO a temporary construction easement for a pedestrian
trail over that portion of the lot described as follows:
BEGINNING at the NOrthwesterly corner of Lot C; thence North
68 0 35'06" East, along the Northerly line thereof, 195.00 feet;
thence South 21 °24'54" East, along the road margin, 20.00 feet;
thence South 68 0 35'06" West, 105.00 feet; thence South 28 °46'46"
West, 117.15 feet to the Westerly lot line; thence North 21 °24'54"
West along said Westerly line, 95.00 feet to the POINT OF BEGIN-
NING.
SUBJECT TO a permanent trail easement over the following descri-
bed parcel:
BEGINNING at the Northwesterly corner of Lot C; thence North
68 °35'06" East, along the Northerly line thereof, 195.00 feet;
thence South 21 0 24'54" East along the road margin, 10.00 feet;
thence South 68 0 35'06" West, 105.00 feet; thence South 25 °13'18"
West, 123.79 feet to the Westerly lot line; thence North
21 °24'54" West along said Westerly line, 95.00 feet to the
POINT OF BEGINNING.
Cv
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Vi
X74
Reviewed and approved by the Short
Subdivision Comittee and hereby
certified for filing this _3
day of l7mba a"t 19A—L.
&irmin. Short 504111110 Committee
Filed for record at
the request of;
N.N.Sandler a Amaoc., Inc.
want!
Return to: Planning Department
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 28188
LEGAL DESCRIPTION
SEE EXHIBIT A
86/12/10 •1030 D
RECD F 9.00
REU S 13.00
11287 -86
DEPARTMENT OF ASSESSMENTS
EXAMINED AND APPROVED THIS Z/i
day of 19hL
OEPUTf ASSESSOR
r.
UM EXHIBIT A
40 LEGAL DESCRIPTIONS
*-4
C TOTAL PARCEL$
P-4
Tracts 4.S, 6 and 7, Block 15 of Hillman's Seattle Garden
Tracts, as per plat recorded in Volume 11 of Plata, on Page
24, Records of Ring County, EXCEPT the northeasterly 40 feet.
CG thereof, condemned by Ring County for road purposes (now
00 known as Interurban Avenue) in Ring County Superior Court
Cause No. 109001; situate in the Town of Tukwila. County of
Ring. State of Washington.
LESS the following by Condemnation no. 704726 to the State of
Washington$
ALL that portion of the above described Tracts lying easterly
of a line described as follow s Beginning at a point opposite
Highway Engineer's Station P.O.T. 95+81.69 Ahead Equals P.O.T.
95 +28.46 Back and a distance of 40 feet westerly, when measured
at right angles, from the center line of OR 181, South Corporate
Limits of Tukwila to Poster Interchanges thence northerly paralle
with said center line to the North line of Tract 7 and the end
of this line description.
SUBJECT TO on easement for driveway purposes over the soutnerly
S feet of the easterly 315 feet of Lot 4, EXCEPT the northerly
40 feet, thereof, as disclosed by Dead recorded April 17, 1950,
under Auditor's Pile No. 4006073, reference to which record is
made for further particulars.
LOT A
That portion of Tracts 4 and S. Block 35 of Nillmans's Seattle
Garden Tracts as recorded in Volume 11 of Plats, page 24, re-
cords of Ring county, Washington more particularly described
as follows$
COMENCING at the southwesterly corner of said Tract 4s thence
North 68 East along the southeasterly line thereof.
136.34 feet TO THE POINT OF BEGINNINGS thence North 06
West, 207.33 feet: thence Worth 68 East. 195.00 feet to
the westerly margin of Interurban Avenue 19.9. 181)# thence
South 21 East along said margin, 47.00 feet# thence
North 68 East, 10.00 feats thence South 21 East,
still on the west road margin. 153.17 feet; thence South 68.35'
06' West along the said South line of Tract 4. 259.00 feat to
the POINT OF BEGINNING.
Subject to a driveway easement over the southerly S feet there-
of as contained in a Deed recorded April 17. 1950, under Auditor's
File No. 4006073.
Subject to a common driveway easement over a portion of the
northerly 29 feet thereof acre particularly described as followat
BEGINNING at the northeasterly corner of Lot A: thence South
21 East along the road margin, 29.0 feet: thence South
68 West, 130.0 feet; thence North 21 West, 19.69
feat; thence along a curve to the left having a radius of 7.50
feet, through a central ^ng14L pf 67.38 an are distance of
8.85 feete thence North 89'03 treat, 6.25 feet to the north-
erly line of Lot A; thence North 68.35 East along said
northerly line, 140.43 feet to the POINT OF BEGINNING.
SUBJEC TO an easement for sanitary sewer facilites over
the Northeasterly 10 feet of said Lot A as recorded under
Auditor's File No. 6097193.
File No. 4267 -86
11/13/86
ML_-
EXHIBIT •A' (Continued,
0 LOT a
That portion of Tracts 4, 5, 6 and 7. Block 15, of Millman's
Seattle Garden Tracts, as recorded in Volume 11 of Plats, on
*.4 Page 24, Records of King County, Washington, more particularly
C described as followst
Ti BEGINNING at the Southwesterly corner of said Tract 4; thence
Gq North 21.24'54' West along the Westerly line thereof, 353.01
feet; thence along the Southeasterly margin of 59th Place South,
along a curve to the left, the center of which bears North
Ca 71 West, having a radius of 65 feet, through a central
angle of 17 an arc distance 19.82 feet; thence North
00 East, still on the road margin, 60.10 feet to the
Northerly line of said Tract 7; thence North 68.35 East,
along said tract line, 157.69 feet; thence South 21.24'54' East,
225.51 feet I thence South 06.19 East, 207.33 feet to the
Southerly line of Tract 4; thence South 68 West along said
Southerly line, 136.34 feet to the POINT OF BEGINNING.
SUBJECT TO a driveway easement over the Southerly 5 feet of the
Easterly 16 feet thereof, as recorded under Auditor's File No.
4006073.
LOT C
That portion of Tracts 6 and 7. Block 1S, of Hillman's Seattle
Garden Tracts. as recorded in Volume 11 of Plats, on Page 24.
Records of King County. Washington.
EXC °•PT the Northeasterly 40 feet thereof, and LESS an additional
10 feet along the Northeasterly line thereof, and particularly
described as follows:
Commencing at the Northwesterly corner of said Tract 7: thence
North 68.35 East, along the Northerly line thereof, 157.69
'eet to the POINT OF BEGINNING; thence continuing North 68'35'06'
East, 195.00 fast to the Westerly margin of Interurban Avenue
.south (S.n. 1811; thence South 21•24'S4' East along said margin,
225.51 feet; thence South 68 west, 195.00 feet; thence
North 21 24'S4' west, 225.51 feet to the POINT OF BEGINNING.
TOGETHER WITH a common driveway easement described as follows:
BEGINNING at the Southeasterly corner of Lot C; thence South
21.24'S4' East along the road margin, 29.0 feet; thence South
68.35.06• wont, 130.0 feet; thence North 21 West, 19.69
feet; thence along a curve to the left, having a radius of 7.50
feet, through a central angle of 67.38'09', an arc distance of
8.85 feet; thence North 89'03'03' West, 6.25 feet to the North-
erly line of Lot A; thence North 68.35'06' East along said
Northerly line, 140.43 feet to the POINT OF BEGINNING.
SUBJECT TO a temporary construction easement for a pedestrian
trail over that portion of the lot described as follr)wa:
BEGINNING at the NOrthwesterly -orner of Lot Ct thence North
68 East. along the Northerly line thereof, 195.00 feet;
thence South 21 East, along the road margin, 20.00 feet;
thence South 68 West. 105.00 feet; thence South 28'46
West, 117.15 feet to the Westerly lot line; thence North 21
west along said Westerly line, 95.00 feet to the POINT OF BEGIN-
NING.
SUBJECT TO a permanent trail easement over the following descri-
bed parcel:
BEGINNING at the Notthwesterly corner of Lot C; thence North
68 Eaet, along the Northerly line thereof, 195.00 feet;
thence South 21'24'54' East along the road margin, 10.00 feet;
thence South 68 West, 305.00 feet; thence South 25'13'18'
Nest, 123.79 feet to the Westerly lot line; thence North
21 west alonq said Westerly line, 95.00 feet to the
POINT OF BEGINNING.
File No. 4287 -86
11/13/86
O DECLARATION:
l C Know all even by these presents that we. the undersigned. orner(s) in fee simple
and /or contract purchasers) of the land herein described do hereby make a short
1^4 subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said sho
C subdivision shall nt be further divided in any manner within a period of fire
V 4 years. from date of record. without the filing of a final play. The undersigned
further declare that the attached map is the graphic representation of said
boundary line adjustment and that same is made with the free consent and in
7-4 accordance with the desire of the owner(s).
cc in witness whereof we have set our hands and seals.
l zAlryAL_ P.' T AER
T im
name Name
now name
Name Name
STATE OF WASHINGTON.
County of 1
On this day personally appeared before we Wi t, L rB x-
10 me Know io be the individual describeVin an r o execur'ed and
foregoing instrument and acknowledged that signed the
same as free and voluntary act an eed.for the uses and
Purposesierein men one
Given under my hand and official seal this 1204 day of AI&Z 19 A
seal t the tats of
Washington. residing at �y
STATE OF WASHINGTON.
County of
On this day personally appeared before me
l0 me know t0 be the i describeil an who executed t�ie and
foregoing instrument. and acknowledged that signed the
Same as free and voluntary act and deed, for the uses and
purposes eth rein men one
Given under my hand and official seal this day of 19
seal Notary rubiic in ano for the hate of
Washington. residing at
Short Plat Number &S Page 3 of .3
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Land Surveyor's Certificate: Map on rile in vault
This short plat correctly represents a
surv!y made by me or under m direction
in conformance with the requirements of
appropriate state statute and has been Direction:
property staked in accordance with the
Tukwila Subdivision Code.
-?5-86 Scale:
I /t70'
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Certificate ho.
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Short Plat No._ Page Of
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